Acts and resolves passed by the General Court

ACTS

RESOLVES

PASSED BY THE

IN THE YEAR

1949

TOGETHER WITH

TABLES SHOWING CHANGES IN THE STATUTES, ETC.

PUBLISHED BY THE

SECRETARY OF THE COMMONWEALTH

BOSTON
WRIGHT & POTTER PRINTING COMPANY
1949

ACTS AND RESOLVES

OF

MASSACHUSETTS

1949

The General Court, which was chosen November 2, 1948.
assembled on Wednesday, the fifth day of January, 1949, for its
first annual session.

The oaths of office were taken and subscribed by His Excellency
Paul A. Dever and His Honor Ch^vpiLes F. Jeff Sullivan on
Thursday, the sixth day of January, in the presence of the two
Houses assembled in convention.

ACTS.

An Act relative to the hours of duty of permanent
members of the fire department in the town of
greenfield.

Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
as follows:

Section 1. The hours of duty of the permanent members
of the uniformed fire fighting force in the town of Greenfield
shall be so established by the chief of the fire department
that the average weekly hours of duty in any year, other
than hours during which such members may be summoned
and kept on duty because of conflagrations, shall not exceed
fifty-six in number. Sections fifty-six, fifty-seven, fifty-
eight A and fifty-nine of chapter forty-eight of the General
Laws shall not apply to the permanent members of the
uniformed fire fighting force in said town.

Section 2. This act shall be submitted for acceptance
to the voters of said town at its next annual town meeting
in the form of the following question, which shall be placed
upon the official ballot to be used for the election of town
oflScers at said meeting: "Shall an act passed by the General
Court in the year nineteen hundred and forty-nine, pro-
viding for a fifty-six hour week for the permanent members
of the fire department of this town, be accepted?" If a
majority of the votes in answer to said question is in the
affirmative, then this act shall thereupon take full effect,
but not otherwise. Approved February 3, 1949.

An Act extending the time during which an act au-
thorizing THE town of HARWICH TO RECEIVE AND
administer THE PROPERTY OF CERTAIN CEMETERY ASSO-
CIATIONS MAY BE ACCEPTED BY SAID TOWN.

Be it enacted, etc., as follov>s:

Section 1. Chapter 277 of the acts of 1948 is hereby
amended by striking out section 4 and inserting in place
thereof the following: — Section 4- This act shall take full
effect upon its acceptance by a majority of the registered
voters of the town of Harwich voting thereon at a regular
or special town meeting held prior to the year nineteen
hundred and fifty-one, but not otherwise.

Section 2. This act shall take effect upon its passage.

Approved February 7, 1949.

Chap.

Chap.

4 Acts, 1949. — Chap. 3.

Chap. 3 An Act providing for highway work and for certain

IMPROVEMENTS IN RIVERS AND STREAMS IN THE COUNTIES
OF BERKSHIRE, FRANKLIN, HAMPSHIRE AND HAMPDEN AND
MAKING APPROPRIATIONS THEREFOR.

prTrmbie!^ Whereas, The extensive damage caused by the recent

floods in western Massachusetts makes it necessary that
the work authorized by this act be carried out without
delay, therefore this act is hereby declared to be an emer-
gency law, necessary for the immediate preservation of the
public health, safety and convenience.

Be it enacted, etc., as follows:

Section 1. The department of public works, hereinafter
called the department, is hereby authorized and directed to
maintain, construct, reconstruct and repair state highways
and town and county ways and bridges thereon in Berkshire,
Franklin, Hampshire and Hampden counties.

Section 2, The department is hereby further authorized
and directed to remove fallen trees, debris and other ob-
structions in rivers and streams and to restore or repair
dams or other structures in rivers or streams, the destruc-
tion or injury to which may have increased the danger of
floods therein, and for the purpose of protection against
floods, to alter the course or deepen or widen the channel
of any river or stream, to conduct any surface or ground
water into the same, to place riprap and build retaining
walls to support any part of the banks thereof, and may
enter on private land for any of the foregoing purposes.

Section 3. Item A. For the maintenance, construction,
reconstruction and repair of state highways and town and
county ways and bridges thereon as described in section
one of this act, the sum of one million one hundred thousand
dollars is hereby appropriated from the Highway Fund.

Item B. For work on rivers and streams as described in
section two of this act, the sum of nine hundred thousand
dollars is hereby appropriated from the General Fund.

Section 4. For the purpose of carrying out the pro-
visions of this act, the department may make contracts
with cities and towns, including contracts for reimburse-
ments for expenditures made or obligations previously in-
curred for the purposes set forth in sections one and two
if approved by the department, may hire equipment, may
make cost plus contracts without complying with the pro-
visions of section eight A of chapter twenty-nine of the
General Laws, and any provision of general or special law
to the contrary notwithstanding, may make contracts in
accordance with the provisions of the General Laws and
may do work with its own forces; provided, that of the
sums appropriated in section three, not more than one
million dollars may be expended for hiring equipment and
for cost plus contracts.

Section 5. For the purposes of carrying out the pro-

Acts, 1949. — Chap. 4.

visions of this act, the department may appoint and employ
such persons as may be necessary without requisition to the
director of civil service as provided in section fifteen of
chapter thirty-one of the General Laws; provided, how-
ever, that any provision of said section fifteen to the con-
trary notwithstanding, such emergency appointments may
continue for a period not exceeding ninety working days.
The department shall give preference to veterans in making
appointments and employing persons under the provisions
of this act.

Section 6. The governor is hereby authorized to sus-
pend the forty-eight hour law, so called, for contracts under
this act.

Section 7. The authority to enter into contracts with
cities and towns and to enter into cost plus contracts shall
expire on April thirtieth, nineteen hundred and forty-nine
and the authority to enter into other contracts, to hire
equipment and to perform work with its own forces shall
expire on June thirtieth, nineteen hundred and forty-nine.

Approved February 14, 1949.

An Act making an appropriation to meet the cost of

SALARY adjustments FOR CERTAIN STATE OFFICERS AND
EMPLOYEES.

Be it enacted, etc., as follows:

Section 1. To provide for meeting the cost of salary
adjustments under the provisions of sections forty-five to
forty-seven, inclusive, of chapter thirty of the General Laws,
as amended by chapter three hundred and eleven of the
acts of nineteen hundred and forty-eight, and under the
provisions of section four of said chapter three hundred and
eleven, the sum of three million five hundred thousand
dollars is hereby appropriated, which sum shall be in addi-
tion to the sum appropriated by section ten of chapter six
hundred and sixty-nine of the acts of nineteen hundred
and forty-eight and to any other sums appropriated for
personal services for the fiscal year ending June thirtieth,
nineteen hundred and forty-nine.

Section 2. The appropriation made by this act is hereby
made available, notwithstanding the provisions of section
six of chapters one hundred and ninety-eight and six hundred
and sixty-nine of the acts of nineteen hundred and forty-
eight, to meet the cost of salary adjustments referred to in
section one made prior to or on the effective date of this act.

Section 3. The governor, upon recommendation of the
commission on administration and finance, is hereby au-
thorized to transfer from the appropriation made by this
act to items of appropriation for the fiscal year ending June
thirtieth, nineteen hundred and forty-nine, which are avail-
able in whole or in part for personal services, such sums as
are necessary to meet said salary adjustments, and the

Chap.

6 Acts, 1949. — Chaps. 5, 6.

governor, upon like recommendation, is hereby further
authorized to allocate such transfers to the several state
or other funds to which such items of appropriations are
charged.

Section 4. This act shall take effect upon its passage.

Approved February 17, 1949.

Chap. 5 -^N ■^^'^ AUTHORIZING THE COUNTY COMMISSIONERS OF THE
COUNTY OF ESSEX TO HAVE PLANS AND SPECIFICATIONS
PREPARED FOR, AND TO INVESTIGATE SUITABLE SITES FOR,
THE PROPOSED COURT HOUSE IN THE CITY OF LAWRENCE.

Be it enacted, etc., as follows:

Section 1. For the purpose of providing adequate court
house accommodations and facilities for the district court
of Lawrence, by the erection of a court house in the city of
Lawrence, the county commissioners of the county of Essex
are hereby authorized and directed to cause plans and
specifications to be prepared for said court house, and to
investigate suitable sites therefor, and, if possible, without
liability on the part of said county, to secure options for the
purchase thereof by the county. For the purposes aforesaid,
said commissioners may expend out of any available funds
a sum not exceeding thirty thousand dollars, which sum
shall be included in the appropriations for the current year
for said county.

Section 2. This act shall take effect upon its passage.

Approved February 17, 1949.

Chap. 6 An Act to authorize the town of sturbridge to borrow
money for the purpose of constructing, equipping

AND furnishing AN ELEMENTARY SCHOOL BUILDING.

Be it enacted, etc., as follows:

Section 1. For the purpose of constructing and origi-
nally equipping and furnishing an elementary school build-
ing, the town of Sturbridge may borrow, from time to time,
within a period of five years from the passage of this act,
such sums as may be necessary, not exceeding in the aggre-
gate one hundred and fifty thousand dollars, and may issue
bonds or notes therefor which shall bear on their face the
words, Sturbridge School Building Loan, Act of 1949. Each
authorized issue shall constitute a separate loan, and such
loans shall be paid in not more than twenty years from their
dates. Indebtedness incurred under this act shall be in
excess of the statutory limit, but shall, except as provided
herein, be subject to chapter forty-four of the General Laws,
exclusive of the limitation contained in the first paragraph
of section seven thereof.

Section 2. This act shall take effect upon its passage.

Approved February 17, 1949,

Acts, 1949. — Chaps. 7, 8.

An Act to authorize the placing of the positions of
the regular or permanent members of the police
force and the office of chief of police of the town
of hanson under the civil service laws.

Be it enacted, etc., as follows:

Section 1. The positions of the regular or permanent
members of the poHce force and the office of chief of poHce
of the town of Hanson shall, upon the effective date of this
act, become subject to the civil service laws and rules relating
to police officers in towns, and the tenure of office of any
incumbent thereof shall be unlimited, subject, however, to
said laws; provided, that they shall pass qualifying exami-
nations for their respective positions, and for said office,
as the case may be, to which they shall be subjected by the
division of civil service; and, provided further, that if any
such incumbent does not pass such qualifying examination
he may continue to serve in such position or office, but shall
not be subject to said laws and rules.

Section 2. This act shall be submitted to the voters
of said town at the next annual town rneeting in the form
of the following question, which shall be placed upon the
official ballot to be used for the election of town officers at
said meeting: — "Shall an act passed by the general court
in the year nineteen hundred and forty-nine, entitled, 'An
Act to Authorize the Placing of the Positions of the Regular
or Permanent Members of the Police Force and the Office
of Chief of Police of the Town of Hanson under the Civil
Service Laws', be accepted?" If a majority of the votes in
answer to said question is in the affirmative, then this act
shall thereupon take full eftect, but not otherwise.

Approved February 18, 1949.

An Act to allow the town of uxbridge to sell water
for domestic and other purposes to inhabitants
of a certain area in the town op northbridge.

Beit enacted, etc., as follows:

Section 1. The town of Uxbridge may furnish and sell
water for domestic and other purposes to the inhabitants of
such areas of the town of Northbridge as the selectmen of
the said towns shall agree. The rates for furnishing and
selling such water shall be such rates as may be mutually
agreed upon by said selectmen, or, in case of failure to agree,
as may be fixed by the state department of public utilities.
Any installation and extension of water mains and other
facilities made within the limits of the town of Northbridge
shall be subject in all respects, to the approval of the select-
men of said town.

Section 2. This act shall take effect upon its passage.

Approved February 21, 1949.

Chap.

Chap.

8 Acts, 1949. — Chaps. 9, 10, 11.

Chav. 9 -^N Act authorizing the town of amherst to borrow
money for the purpose of constructing, equipping

AND furnishing A SCHOOL BUILDING.

Be it enacted, etc., as follows:

Section 1. For the purpose of constructing and originally
equipping and furnishing a school building, the town of
Amherst may borrow from time to time within a period of
three years from the passage of this act such sums as may
be necessary, not exceeding, in the aggregate, four hundred
thousand dollars, and may issue bonds or notes therefor,
which shall bear on their face the words, Amherst School
Loan, Act of 1949. Each authorized issue shall constitute a
separate loan, and such loans shall be paid in not more
than twenty years from their dates. Indebtedness incurred
under this act shall be in excess of the statutory limit and
shall, except as provided herein, be subject to chapter forty-
four of the General Laws, exclusive of the limitation con-
tained in the first paragraph of section seven thereof.

Section 2. This act shall take effect upon its passage.

Approved February 21, 194-9.

Chav- 10 An Act extending the time for acceptance of an act

TO ESTABLISH IN THE TOWN OF NATICK REPRESENTATIVE
town GOVERNMENT BY LIMITED TOWN MEETINGS.

Be it enacted, etc., as follows:

Section 1. Section L3 of chapter 2 of the acts of 1938,
as amended by chapter 286 of the acts of 1943, is hereby
further amended by striking out, in line 6 and in line 7,
the word "ten" and inserting in place thereof, in each
instance, the word: — fifteen, — so as to read as follows: —
Section 13. If this act is rejected by the registered voters
of the town of Natick when first submitted to said voters
under section twelve, it may again be submitted for ac-
ceptance in like manner from time to time to such voters
at any annual or special town meeting within fifteen years
thereafter, but not more than fifteen times in the aggregate,
and, if accepted by a majority of the voters voting thereon
at such an election, shall thereupon take efi'ect for all pur-
poses incidental to the next annual town election in said
town, and shall take full effect beginning with said election.

Section 2. This act shall take effect upon its passage.

Approved February 21, 19^9.

Chav. 11 An Act providing that the chairman of the recreation

commission in the town of WINCHESTER SHALL BE A
TOWN meeting member AT LARGE.

Be it enacted, etc., as follows:

The first paragraph of section 3 of chapter 167 of the
acts of 1928 is hereby amended by inserting after the word

Acts, 1949. — Chaps. 12, 13. 9

"commissioners", in line 14, the words: — , the chairman of
the recreation commission, — so as to read as follows : —
Any representative town meeting held under the provisions
of this act, except as otherwise provided herein, shall be
limited to the voters elected under section two, together
with the following, designated as town meeting members
at large; namely, any member of the general court of the
commonwealth from the town, the moderator, the town
clerk, the members of the board of selectmen, the town
treasurer, the town counsel, the chairman of the trustees
of the public library, the chairman of the planning board,
the chairman of the school committee, the chairman of the
board of assessors, the chairman of the board of health, the
chairman of the park commissioners, the chairman of the
water and sewer board, the chairman of the board of public
welfare, the chairman of the cemetery commissioners, the
chairman of the recreation commission, and the members
of the finance committee. The town clerk shall notify the
town meeting members of the time and place at which repre-
sentative town meetings are to be held, the notices to be
sent by mail at least seven days before the meeting.

Approved February 21, 1949.

An Act validating certain conveyances of lands by (JJidrf 12

THE TOWN OF SPENCER. ^'

Be it enacted^ etc., as follows:

A deed from inhabitants of the town of Spencer to First
Parish or Congregational Society of Spencer dated June
first, eighteen hundred and eighty-five and recorded with
Worcester District Registry of Deeds in Book 1211, page
138, a deed from the town of Spencer to the First Congre-
gational Church of Spencer dated September second, nineteen
hundred and forty-eight and recorded with said registry
in Book 3148, page 525, and a deed from the town of Spencer
to the First Congregational Church of Spencer dated Novem-
ber twenty-sixth, nineteen hundred and forty-eight and
recorded with said registry in Book 3159, page 427, are
hereby validated and approved in so far as they convey
portions of the tract conveyed by deed of Nathaniel Cunning-
ham to the proprietors and settlers in the westerly half of
Leicester dated February twenty-sixth, seventeen hundred
and thirty-nine and recorded with said registry in Book 12,
page 307. Approved February 21 ^ 1949.

An Act to establish the town manager form of Chav 13

GOVERNMENT IN THE TOWN OF DANVERS.

Be it enacted, etc., as follows:

Section 1. Upon the acceptance of this act by the town
of Danvers, and beginning with the year nineteen hundred
and fifty, the regular town election for the purpose of electing

10 Acts, 1949. — Chap. 13.

selectmen and members of the school committee required
to be elected under this act, the trustees of the Peabody
Institute, and the moderator and town meeting members
required to be elected under the provisions of chapter two
hundred and ninety-four of the acts of nineteen hundred and
thirty shall be held annually on the first Monday in March,
and shall be part of the annual town meeting. All articles
in the warrant to be decided otherwise than by ballot shall
be considered at the regular annual town meeting to be held
on the third Monday in March.

Section 2. Election of Selectmen. — At the first town
election following acceptance of this act, the registered voters
of the town shall elect two selectmen for three years, two
selectmen for two years and one selectman for one year. At
each annual town election thereafter, the voters shall elect
selectmen for three year terms to replace those whose terms
are about to expire. When a vacancy occurs among the
selectmen by reason of death, resignation, change of residence
from the town or other disability, the remaining selectmen
shall have power to fill the vacancy until the next annual
town election, at which the voters shall elect a selectman for
the remainder of the unexpired term. The selectmen shall
serve until their respective successors are qualified. Upon
the qualification of selectmen first elected under this act, the
term of office of the board of selectmen then existing shall
terminate.

Section 3. Powers of Selectmen. — The selectmen shall
appoint, and may remove, the town accountant, members of
the board of appeals, election officers and registrars of voters,
except the town clerk. Selectmen shall be ex-officio town
meeting members.

Section 4. Election of School Committee. — The school
committee shall be composed of five members, elected for
terms of three years. The members of the school committee
existing at the time this act takes effect shall continue in
office until the terms for which they were elected shall have
expired, and until their respective successors shall have been
elected and qualified. When a vacancy occurs among the
members of the school committee, by reason of death,
resignation, change of residence from the town or other
disability, the remaining members of the school committee
shall have power to fill the vacancy until the next annual
election, at which the voters shall elect a member of the school
committee for the remainder of the unexpired term. The
members of the school committee shall serve until their
respective successors are qualified.

Section 5. Powers of School Committee. — All the
powers, rights, duties and liabilities, except as hereinafter
provided, now or hereafter conferred or imposed by law upon
the school committee, shall be exercised and performed by
the school committee. Nothing in this act shall be construed
to affect the powers and duties of the school committee as
provided by law, except as specifically provided herein.

Acts, 1949. — Chap. 13. 11

Section 6. Multiple Officers. — A member of the board
of selectmen, or of the school committee, or of the finance
committee shall, during the term for which he was elected
or appointed, be ineligible either by election or appointment
to hold any other town office. Any person appointed by the
town manager to any town office under the provisions of this
act or of any general or special law shall be eligible during the
term of said office to election or appointment to any other
town office, except that the town accountant shall not be
eligible to hold the position of town treasurer or the position
of collector of taxes. The town manager, subject to any
applicable provision of the general laws relating thereto,
may assume the duties of any office which he is authorized
to fill by appointment. Notwithstanding the provisions of
chapter thirty-two of the General Laws, any person who holds
an elective office at the time this act takes effect and who is
not a member of any retirement system may accept appoint-
ment to and continue to hold the same office, if under the
provisions of this act the town manager is authorized to fill
said office by appointment.

Section 7. Investigations or Surveys. — For the purpose
of making investigations or surveys, the selectmen may
employ such experts, counsel and other assistants and incur
such other expenses, not exceeding in any year the sum of one
thousand dollars, or such larger sum as may be appropriated
for the purpose by the town, as they may deem necessary,
and the same shall be paid by the treasurer upon a warrant
signed by a majority of the board of selectmen.

TOWN MANAGER.

Section 8. Appointment of Town Manager. — The select-
men elected as provided herein shall appoint, as soon as
practicable, for a term of five years, a town manager who
shall be a person especially fitted by education, training and
experience to perform the duties of the office. The town
manager shall be appointed without regard to his political
beliefs. He need not be a resident of the town or of this com-
monwealth when appointed, but shall be a resident of the
town during his term of office. He may be appointed for
successive terms of office. Before entering upon the duties
of his office, the town manager shall be sworn to the faithful
and impartial performance thereof by the chairman of the
selectmen, or by the town clerk, or by a justice of the peace.
He shall execute a bond in favor of the town for the faithful
performance of his duties in such sum and with such surety
or sureties as may be fixed or approved by the selectmen.

Section 9. Appointmentof a Temporary Manager. — Any
vacancy in the office of town manager shall be filled as soon
as possible by the selectmen. Pending the appointment of a
town manager or the filling of any vacancy, the selectmen may
appoint a suitable person to perform the duties of the office.

Section 10. Acting Manager. — The town manager may

12 Acts, 1949. — Chap. 13.

designate, by letter filed with the town clerk, a qualified officer
of the town to perform his duties during his temporary
absence or disability. In the event of failure of the manager
to make such designation, the selectmen may, by resolution,
designate an officer of the town to perform the duties of the
manager until he shall return or his disability shall cease.

Section 11. Removal of Manager. — The selectmen, by a
majority vote of the full membership of the board, may re-
move the town manager. At least thirty days before such
proposed removal shall become effective, the selectmen shall
file a preliminary written resolution with the town clerk set-
ting forth in detail the specific reasons for his proposed re-
moval, a copy of which resolution shall be delivered to the
town manager. The manager may reply in writing to the
resolution and may request a public hearing. If the manager
so requests, the board of selectmen shall hold a public hearing
not earlier than twenty days nor later than thirty days after
the filing of such request. After such public hearing, if any,
otherwise at the expiration of thirty days following the filing
of the preliminary resolution, and after full consideration,
the selectmen by a majority vote of the full membership
of the board may adopt a final resolution of removal. In
the preliminary resolution, the selectmen may suspend the
manager from duty, but shall in any case cause to be paid to
him forthwith any unpaid balance of his salary and his salary
for the next three calendar months following the filing of the
preliminary resolution.

Section 12. Compensation of Manager. — The town
manager shall receive such compensation for his services as
the selectmen shall determine but it shall not exceed the
amount appropriated therefor by the town.

Section 13. Powers and Duties of the Manager. — In
addition to specific powers and duties provided in this act the
town manager shall have the general powers and duties enu-
merated in this section : —

(a) The town manager shall supervise and direct the
administration of all departments, commissions, boards and
offices, except the board of selectmen, the school committee,
the town accountant, the board of appeals, the trustees of
the Peabody Institute, election officers and the registrars of
voters.

(6) The town manager, in accordance with the provisions
of this act and except as otherwise expressly prohibited by the
general laws, may reorganize, consolidate or abolish depart-
ments, commissions, boards or offices under his direction and
supervision, in whole or in part, may establish such new
departments, commissions, boards or offices as he deems
necessary, and, in so doing, may transfer the duties, powers
and appropriation of one department, commission, board or
office to another.

(c) Except as otherwise provided by this act, the town
manager shall appoint upon merit and fitness alone, and,
subject to the provisions of chapter thirty-one of the General

Acts, 1949. — Chap. 13. 13

Laws where applicable, may remove, all officers and em-
ployees of the town, except employees of the school depart-
ment and of the Peabody Institute; town officers and
employees not subject to the provisions of said chapter thirty-
one shall not be removed by him except on five days' notice
in writing, setting forth the cause of such removal.

(d) Notwithstanding the provisions of section one hundred
and eight of chapter forty-one of the General Laws, but
subject to all applicable provisions of chapter thirty-one of
the General Laws, the town manager shall fix the compensa-
tion of all town officers and employees subject to removal
by him.

(e) The town manager shall attend all regular meetings
of the board of selectmen except meetings at which his
removal is being considered.

(/) The town manager shall keep fuU and complete records
of his office, and shall render as often as may be required by
the selectmen a full report of all operations during the period
reported on.

(g) The town manager shall keep the selectmen fully
advised as to the needs of the town and shall recommend to
the selectmen for adoption such measures requiring action by
them or by the town as he may deem necessary or expedient.

(h) The town manager shall have jurisdiction over the
rental and use of all town property, except schools. He shall
be responsible for the maintenance and repair of all town
buildings, including school buildings. He shall be responsible
for the preparation of plans for work on existing buildings
and on new buildings, except schools. He shall be responsible
for the supervision of all work on existing buildings and new
buildings, including work on schools done in accordance with
plans and specifications prepared by the school committee.

(i) The town manager shall purchase all supplies and
materials and equipment, except books for schools, and shall
award all contracts for all departments of the town and for
the Peabody Institute. He shall make purchases for depart-
ments not under his supervision only upon requisition duly
signed by the head of such department.

(j) The town manager shall administer either directly or
through a person or persons appointed by him in accordance
with this act all provisions of general and special laws
applicable to said town, all by-laws and all regulations estab-
lished by the selectmen.

(k) The town manager shall have authority to prosecute,
defend and compromise all litigation to which the town is a
party, and to employ special counsel to assist the town counsel
whenever in his judgment it may be necessary.

(I) The town manager shall perform such other duties,
consistent with his office, as may be required of him by the
by-laws or vote of the town or by vote of the selectmen.

Section 14. Investigations by the Manager. — The town
manager may without notice cause the affairs of any division
or department under his control or the conduct of any officer

14 Acts, 1949. — Chap. 13.

or employee thereof to be examined. The town manager
shall have access to all town books and papers for information
necessary for the proper performance of his duties.

Section 15. Appointment of Planning Board. — There
shall be established a planning board as herein provided
which shall have all the powers and duties of planning
boards established in accordance with section eighty-one A
of chapter forty-one of the General Laws. The board estab-
lished hereunder shall consist of five members who shall be
appointed by the town manager. When such board is first
estalDlished its members shall be appointed for terms of such
length and so arranged that the term of at least one member
will expire each year and his successor shall be appointed
by the town manager for a term of five years. Any vacancy
shall be filled for the unexpired term by the town manager.
Upon the appointment and qualification of the members of
the board, the term of office of members of the then existing
planning board shall terminate.

Section 16. Appointment of Board of Public Welfare. —
The town manager shall appoint a board of public welfare
to consist of three suitably qualified persons. One of said
persons shall be appointed for a term of one year, one for a
term of two years, and one for a term of three years; and
annually thereafter there shall be appointed by the town
manager, a member for a term of three years in the place of
the member whose term is to expire. The members shall
serve until their successors are appointed and qualified. If
for any reason a vacancy occurs in the membership of the
board of public welfare, the vacancy shall be filled forthwith
by the town manager for the unexpired term. Upon the
appointment and quahfication of the members of the board of
public welfare as provided in this section the terms of office
of the members of the then existing board of public welfare
of the town shall terminate. The board of pubfic welfare
appointed hereunder shall organize for the proper conduct
of their duties and shall possess all the powers and rights and
be subject to all the duties and liabilities conferred or im-
posed by law upon boards of public welfare of towns, but in
the performance of their duties they shall be subject to the
general supervision and direction of the town manager. They
shall be sworn to the faithful performance of their duties by
the chairman of the selectmen or by a justice of the peace.

Section 17. Appointment of Board of Health. — The town
manager shall appoint a board of health to consist of three
suitably qualified persons. One of said persons shall be
appointed for a term of one year, one for a term of two years,
and one for a term of three years; and annually thereafter
there shall be appointed by the town manager, a member for
a term of three years in the place of the member whose term
is to expire. The members shall serve until their successors
are appointed and qualified. If for any reason a vacancy
occurs in the membership of the board of health, the vacancy
shall be filled forthwith by the town manager for the unex-

Acts, 1949. — Chap. 13. 16

pired term. Upon the appointment and qualification of
the members of the board of health as provided in this
section the terms of office of the members of the then existing
board of health of the town shall terminate. The board of
health appointed hereunder shall organize for the proper
conduct of their duties and shall possess all the powers and
rights and be subject to all the duties and liabilities conferred
or imposed by law upon boards of health of towns, but in the
performance of their duties they shall be subject to the general
supervision and direction of the town manager. They shall
be sworn to the faithful performance of their duties by the
chairman of the selectmen or by a justice of the peace.

Section 18. Appointment of Board of Park Commissioners.
— The town manager shall appoint a board of park com-
missioners to consist of three suitably quaUfied persons. One
of said persons shall be appointed for a term of one year, one
for a term of two years, and one for a term of three years;
and annually thereafter there shall be appointed by the town
manager, a member for a term of three years in the place of
the member whose term is to expire. The members shall
serve until their successors are appointed and qualified. If
for any reason a vacancy occurs in the membership of the
board of park commissioners, the vacancy shall be filled forth-
with by the town manager for the unexpired term. Upon
the appointment and qualification of the members of the
board of park commissioners as provided in this section the
terms of office of the members of the then existing board of
park commissioners of the town shall terminate. The board
of park commissioners appointed hereunder shall organize
for the proper conduct of their duties and shall possess all
the powers and rights and be subject to all the duties and
liabilities conferred or impos(^d by law upon the boards of
park commissioners of towns, but in the performance of their
duties they shall be subject to the general supervision and
direction of the towm manager. They shall be sworn to the
faithful performance of their duties by the chairman of the
selectmen or by a justice of the peace.

Section 19, Appointment of Municipal Light Board. —
The town manager shall appoint a municipal Ught board to
consist of three suitably quaUfied persons. One of said
persons shall be appointed for a term of one year, one for a
term of two years, and one for a term of three years; and
annually thereafter there shall be appointed by the town
manager, a member for a term of three years in the place of
the member whose term is to expire. The members shall
serve until their successors are appointed and quaHfied. If
for any reason a vacancy occurs in the membership of the
municipal light board, the vacancy shall be filled forthwith
by the town manager for the unexpired term. Upon the
appointment and qualification of the members of the munic-
ipal light board as provided in this section the terms of ofiice
of the members of the then existing municipal light board of
the town shall terminate. The municipal light board

16 Acts, 1949. — Chap. 13.

appointed hereunder shall organize for the proper conduct
of their duties and shall possess all the powers and rights and
be subject to all the duties and liabilities conferred or imposed
by law upon municipal light boards, but in the performance of
their duties they shall be subject to the general supervision
and direction of the town manager. They shall be sworn to
the faithful performance of their duties by the chairman of
the selectmen or by a justice of the peace.

Section 20. Board of Fire Engineers. — There shall be a
board of fire engineers to consist of a chief engineer, a deputy
call engineer and an assistant deputy call engineer. The
chief engineer shall be appointed by the town manager sub-
ject to the provisions of chapter thirty-one of the General
Laws. The deputy engineers shall be appointed by the town
manager for terms of one year. The members shall serve
until their successors are appointed and qualified. If for any
reason a vacancy occurs in the office of deputy call engineer
or of assistant deputy call engineer, the vacancy shall be filled
forthwith by the town manager for the unexpired term. The
board of fire engineers appointed hereunder shall organize for
the proper conduct of their duties and shall possess all the
powers and rights and be subject to all the duties and lia-
biUties conferred or imposed by law upon boards of fire
engineers of towns, but in the performance of their duties
they shall be subject to the general supervision and direction
of the town manager. They shall be sworn to the faithful
performance of their duties by the chairman of the selectmen
or by a justice of the peace.

Section 21. Appointment of Assessors. — The town
manager shall appoint a principal assessor for a term of three
years who shall devote his full time and attention to his
duties and shall be chairman of the board, and also an assessor
for a term of two years, and an assessor for a term of one
year; and annually thereafter there shall be appointed by the
town manager a principal assessor or an assessor, as the case
may be, for a term of three years to succeed the principal
assessor or assessor whose term is to expire. The principal
assessor and assessors shall serve until their respective suc-
cessors are appointed and qualified. If for any reason a
vacancy occurs in the membership of the board of assessors,
the vacancy shall be filled forthwith by the town manager
for the unexpired term. Upon the appointment and quali-
fication of a principal assessor and assessors as provided in
this section the terms of office of the principal assessor and
assessors then in office shall terminate. The principal assessor
and assessors appointed hereunder shall organize for the
proper conduct of their duties and shall possess all the powers
and rights and be subject to all the duties and liabilities con-
ferred or imposed by law upon assessors of towns, but in the
performance of their duties they shall be subject to the
general supervision and direction of the town manager. They
shall be sworn to the faithful performance of their duties by
the chairman of the selectmen or by a justice of the peace.

Acts, 1949. — Chap. 13. 17

Section 22. Town Clerk. — The town manager shall
appoint a suitably qualified person to the office of town elerk.
The existing elective office of town clerk shall be continued
until the person appointed to said office of town clerk, shall
have qualified, at which time the elective office of town clerk
shall terminate. The town clerk shall have the powers, per-
form the duties and be subject to the liabilities and penalties
now or hereafter conferred or imposed by law upon town
clerks. He shall be sworn to the faithful performance of
his duties by the chairman of the selectmen or by a justice
of the peace. The town clerk shall serve ex officio as clerk of
the board of selectmen. The town clerk shall be subject to
the general supervision and direction of the town manager
in the performance of his duties.

Section 23. Toion Treasurer. — The town manager
shall appoint a suitably qualified person to the office of town
treasurer. The existing elective office of town treasurer
shall be continued until the person appointed to said office
of town treasurer shall have qualified, at which time the
elective office of town trea.surer shall terminate. The town
treasurer shall have the powers, perform the duties, and be
subject to the liabilities and penalties now or hereafter con-
ferred or imposed by law upon town treasurers but in the
conduct of his office shall be subject to the supervision
and direction of the town manager. Whenever it shall be
necessary to execute any deed conveying land, or any other
instrument required to carry into effect any vote of the
town, the same shall be executed by the treasurer in behalf
of the town, unless the town shall vote otherwise. The
town treasurer shall be sworn to the faithful performance
of his duties by the town clerk or by a justice of the
peace.

Section 24. Collector of Taxes. — The town manager
shall appoint a suitably qualified person to the office of
collector of taxes. The existing elective office of collector
of taxes shall be continued until the person appointed to
said office of collector of taxes shall have qualified, at which
time the elective office of collector of taxes shall terminate.
The collector of taxes shall have the powers, perform the
duties and be subject to the liabilities and penalties now or
hereafter conferred or imposed by law upon collectors of
taxes except that in the performance of his duties he shall
be subject to the general supervision and direction of the
town manager. The collector of taxes shall be sworn to the
faithful performance of his duties by the town clerk or by a
justice of the peace.

Section 25. Appointment of Water and Sewer Com-
missioners. — The town manager shall appoint three suitably
qualified persons as water and sewer commissioners. One
of said persons shall be appointed for a term of one year,
one for a term of two years, and one for a term of three
years; and annually thereafter there shall be appointed
by the town manager, a member for a term of three years

18 Acts, 1949. — Chap. 13.

ia the place of the member whose term is to expire. The
members shall serve until their successors are appointed
and qualified. If for any reason a vacancy occurs in the
membership, the vacancy shall be filled forthwith by the
town manager for the unexpired term. Upon the appoint-
ment and qualification of water and sewer commissioners
as provided in this section the terms of office of the mem-
bers of the commission then in office shall terminate. The
water and sewer commissioners appointed hereunder shall
organize for the proper conduct of their duties and shall
possess all the powers and rights and be subject to all the
duties and liabilities conferred or imposed upon the water
and sewer commissioners by chapter two hundred and
twenty-nine of the Special Acts of nineteen hundred and
sixteen, and any acts in amendment thereof or in addition
thereto, and by chapter one hundred and ninety-one of the
acts of eighteen hundred and seventy-four, and any acts in
amendment thereof or in addition thereto, but in the per-
formance of their duties they shall be subject to the general
supervision and direction of the town manager. They shall
be sworn to the faithful performance of their duties by the
chairman of the selectmen or by a justice of the peace.

Section 26. Appointment of Hospital Trustees. — The
town manager shall appoint seven suitably qualified persons
as trustees to manage the public hospital of the town. Two
of said persons shall be appointed for a term of one year,
two for a term of two years, and three for a term of three
years; and annually thereafter there shall be appointed by
the town manager, members for a term of three years in
the place of the members whose terms are to expire. The
members shall serve until their successoi-s are appointed
and qualified. If for any reason a vacancy occurs in the
membership, the vacancy shall be filled forthwith by the
town manager for the unexpired term. Upon the appoint-
ment and qualification of the hospital trustees as provided
in this section the terms of office of the hospital trustees then
in office shall terminate. The hospital trustees appointed
hereunder shall organize for the proper conduct of their
duties. In the performance of their duties the hospital
trustees shall be subject to the general supervision and
direction of the town manager. They shall be sworn to the
faithful performance of their duties by the chairman of the
selectmen or by a justice of the peace.

Section 27. Appointment of Cojnmissioners of Trust
Funds. — The town manager shall appoint a board of com-
missioners of trust funds, to consist of three suitably quaUfied
persons. One of said persons shall be appointed for a term
of one year, one for a term of two years, and one for a term of
three years ; and annually thereafter there shall be appointed
by the town manager, a member for a term of three years
in the place of the member whose term is to expire. The
members shall serve until their successors are appointed
and qualified. If for any reason a vacancy occurs in the

Acts, 1949. — Chap. 13. 19

membership of the board of commissioners of trust funds,
the vacancy shall be filled forthwith by the town manager
for the unexpired term. Upon the appointment and quahfi-
cacion of the members of the board of commissioners of
trust funds, as provided in this section the terms of office of
the members of the then existing board of commissioners
of trust funds of the town shall terminate. The board of
commissioners of trust funds appointed hereunder shall
organize for the proper conduct of their duties and shall
possess all the powers and rights and be subject to all the
duties and liabilities conferred or imposed by law upon
boards of commissioners of trust funds of towns, but in the
performance of their duties they shall be subject to the
general supervision and direction of the town manager.
They shall be sworn to the faithful performance of their
duties by the chairman of the selectmen or by a justice of
the peace.

Section 28, Appointment of Municipal Buildings Insur-
ance Commissioners. — The town manager shall appoint
three suitably qualified persons as municipal buildings
insurance commissioners. One of said persons shall be
appointed for a term of one year, one for a term of two
years, and one for a term of three years; and annually
thereafter there shall be appointed by the town manager,
a commissioner for a term of three years in the place of
the commissioner whose term is to expire. The commis-
sioners shall serve until their successors are appointed and
qualified. If for any reason a vacancy occurs in the member-
ship of the board of municipal buildings insurance com-
missioners, the vacancy shall be filled forthwith by the
town manager for the unexpired term. Upon the appoint-
ment and qualification of commissioners as provided in this
section the terms of office of the members of the then existing
board of municipal buildings insurance commissioners of
the town shall terminate. The commissioners appointed
hereunder shall organize for the proper conduct of their
duties and shall possess all the powers and rights and be
subject to all the duties and habihties conferred or imposed
by section thirteen of chapter forty of the General Laws,
but in the performance of their duties they shall be subject
to the general supervision and direction of the town manager.
They shall be sworn to the faithful performance of their
duties by the chairman of the selectmen or by a justice of
the peace.

Section 29. Tree Warden. — The town manager shall
appoint a suitably qualified person to the office of tree
warden. The existing elective office of tree warden shall
be continued until the person appointed to said office of
tree warden shall have qualified; at which time the elective
office of tree warden shall terminate. The tree warden shall
have the powers, perform the duties and be subject to the
Uabilities and penalties now or hereafter conferred or im-
posed by law upon tree wardens but in the conduct of his

20 Acts, 1949. — Chap. 13.

office he shall be subject to the supervision and direction
of the town manager. The tree warden shall be sworn
to the faithful performance of his duties by the chairman
of the selectmen or by the town clerk.

LEGAL AFFAIRS.

Section 30. Appointment of Town Counsel. — The town
manager shall annually appoint an attorney-at-law to act
as town counsel, who shall draft all bonds, deeds, leases,
obligations, conveyances and other legal instruments and
shall perform such other legal services as may be requested
of him, by vote of the town, by the town manager, or by
any board of town officers. Also, when so requested he
shall furnish a written opinion on any question that may
be submitted to him, and he shall at all times upon request
of the town manager furnish legal advice to any officer of
the town who may require his advice upon any subject
concerning the duties of such officer. He shall prosecute
all suits or other legal proceedings ordered to be brought
by the town or by the town manager, and shall appear
before the courts of the commonwealth in defense of all
actions or suits brought against the town or its officers in
their official capacity, and shall try and argue any and all
causes in which the town shall be a party or before any
board of referees or commission and shall appear at any
and all hearings on behalf of the town whenever his services
may be required.

FISCAL AFFAIRS.

Section 31. Approval of Warrants. — The town manager
shall be the chief fiscal officer of the town. Warrants for
the payment of town funds prepared by the town accountant
in accordance with the provisions of section fifty-six of
chapter forty-one of the General Laws shall be submitted
to the town manager. The approval of any such warrant
by the town manager shall be sufficient authority to au-
thorize payment by the town treasurer, but the selectmen
shall approve all warrants in the event of the absence of
the town manager or a vacancy in the office of town
manager.

Section 32. Investigation of . Claims. — Whenever any
pay roll, bill or other claim against the town is presented
to the town manager he shall, if the same seems to him to
be of doubtful validity, excessive in amount, or otherwise
contrary to the interests of the to^vn, refer it to the select-
men who shall immediately investigate the facts and deter-
mine what, if any, payment should be made. Pending such
investigation and determination by the selectmen, payment
shall be withheld.

Section 33. Receipts paid to Treasury. — Every officer
shall pay into the treasury of the town all amounts received
by him on behalf of the town, and shall make a true return

Acts, 1949. — Chap. 13. 21

thereof to the town accountant stating the accounts upon
which such amounts were received.

Section 34. Fees paid to Treasury. — The aggregate
annual compensation of each town employee appointed
by the manager shall be limited to the amount established
in accordance with the provisions of this act and all fees
received in accordance with the provisions of any general
or special law shall be paid into the treasury of the town.

Section 35. Certain Town Officers not to make Contracts
with the Town. — It shall be unlawful for any selectman, the
town manager, any member of the school committee, any
trustee of the Peabody Institute, or any other elective or
appointive official, except as otherwise provided by this act
or any other provision of law, directly or indirectly to make
a contract with the town, or to receive any commission, dis-
count, bonus, gift, contribution or reward from, or any share
in the profits of, any person or corporation making or per-
forming such a contract, unless the official concerned, im-
mediately upon learning of the existence of such contract,
or that such a contract is proposed, shall notify the select-
men in writing of the contract and of the nature of his
interest therein and shall abstain from doing any official
act on behalf of the town in reference thereto. In case such
interest exists on the part of an officer whose dut}'' it is to
make such a contract on behalf of the town, the contract
may be made b}'' another officer or voter of the town duly
authorized thereto by vote of the selectmen. Violation of
any provision of this section shall render the contract in
respect to which such violation occurs voidable at the option
of the town. Any person violating any provision of this
section shall be punished by a fine of not more than one
thousand dollars, or by imprisonment for not more than
one year, or by both such fine and imprisonment.

Section 36. Estimates of Expenditures. — On or before
the first day of December of each year, the town manager
shall submit to the selectmen a careful, detailed estimate in
writing of the probable expenditures of the town government
for the ensuing fiscal year, stating the amount required to
meet the interest and maturing bonds and notes or other
outstanding indebtedness of the town, and showing specifi-
cally the amount necessary to be provided for each fund
and department, together with a statement of the expendi-
tures of the town for the same purposes in the two preceding
years and an estimate of the expenditures for the current
year. He shall also submit a statement showing all revenues
received bj'- the town in the two preceding fiscal years to-
gether with an estimate of the receipts of the current year
and an estimate of the amount of income from all sources
of revenue exclusive of taxes upon property in the ensuing
year. He shall report the probable amount required to be
levied and raised by taxation to defray all expenses and
liabilities of the town together with an estimate of the tax
rate necessary to raise said amount. For the purpose of

22 Acts, 1949. — Chap. 13.

enabling the town manager to make up the annual estimate
of expenditures, all boards, officers, and committees of the
town shall, upon his written request, furnish all information
in their possession and submit to him in writing a detailed
estimate of the appropriations required for the efficient and
proper conduct of their respective departments during the
next fiscal year.

Section 37. Annual Budget. — The selectmen shall con-
sider the tentative budget submitted by the town manager
and make such recommendations relative thereto as they
deem expedient and proper in the interests of the town. On
or before the twentieth day of December of each year the
selectmen shall transmit a copy of the budget together with
their recommendations relative thereto to each member of
the finance committee.

Section 38. Duties of Certain Town Officials relative to
Election. — It shall be the duty of the selectmen and the
town clerk in office and any other town official upon whom
by reason of his office a duty devolves under the provisions
of this act, when this act is accepted by the registered voters
as herein provided, to comply with all the requirements of
law relating to elections, to the end that all things may be
done necessary for the nomination and election of the officers
first to be elected under this act.

Section 39. Section 9 of chapter 294 of the acts of 1930
is hereby amended by adding the following paragraph : —

Before making recommendations under each article of the
warrant, the committee shall hold public hearings in relation
thereto, after first notifying the selectmen and the town
manager of the time and place of such hearing. The finance
committee shall report in writing to the town meeting all
its recommendations under the various articles of the war-
rant. The recommendation reported by the finance com-
mittee under any article shall be treated in the town meeting
as a motion under that article. The recommendation shall
be subject to amendment by a majority of the town meet-
ing members voting on the motion to amend. If there be a
majority and a minority report of the finance committee, the
minority report shall have precedence of all other motions
to amend the report of the committee.

Section 40. This act shall be submitted for acceptance
to the qualified voters of the town of Danvers at an annual
or special town meeting called for the purpose. The vote
shall be taken in precincts by ballot in accordance with the
provisions of the General Laws, so far as the same shall be
applicable, in answer to the question, which shall be placed
upon the official ballot to be used at said meeting: — "Shall
an act passed bj'" the general court in the 3''ear nineteen hun-
dred and forty-nine, entitled 'An Act to establish the town
manager form of government in the town of Danvers', be
accepted by this town?" If a majority of the voters voting
on this question shall vote in the affirmative, said act shall
take effect immediately for the purposes of the town election

Acts, 1949. — Chap. 13. 23

to be held on the first Monday of March, nineteen hundred
and fifty, and for all things pertaining thereto, and shall
take full effect upon the quaHfication of a majority of the
selectmen first elected as provided in section two of this act.
If a majority of the voters voting on this question shall vote
in the negative, this act shall thereupon become void.

Section 41. At any time after the expiration of five
years and within six years from the date on which this act is
accepted, and not less than ninety days before the date of
an annual meeting, a petition, signed by not less than ten
per cent of the registered voters of the town, may be filed
with the selectmen, requesting that the question of revoking
the acceptance of this act be submitted to the voters. There-
upon the selectmen shall call a town meeting to be held at
a date not later than forty-five days after the filing of the
petition, but not between the first day of June and the first
Tuesday of September, both dates inclusive. At such meet-
ing the vote shall be taken in answer to the following ques-
tion which shall be printed on the official ballot: "Shall the
acceptance by the town of Danvers of an act passed by the
general court in the year nineteen hundred and forty-nine,
entitled 'An Act to establish the town manager form of
government in the town of Danvers' be revoked?" If such
revocation is favored by a majority of the voters voting
thereon by ballot, the acceptance of this act shall be revoked
and this act shall become null and void beginning with the
annual town meeting next following such vote, which meet-
ing shall be held at such time, in conformity with general
law, as may be determined by vote of the town; provided,
that all town officers holding office under this act shall con-
tinue to hold office until their successors have been duly
quahfied. At the first annual town election following such
vote of revocation the registered voters of the town shall
elect by ballot all elective officers and boards whose election
to office was required prior to the acceptance of this act and
the terms of office shall be so arranged that there shall be
elected annually thereafter such officers as were elected
annually prior to the acceptance of this act. It shall be the
duty of the selectmen and the town clerk in ofiice and any
other town official upon whom by reason of his office a duty
devolves when this act is revoked, to comply with all the
requirements of this section relating to elections, to the end
that ail things may be done necessary for the nomination and
election of the officers required to be elected following the
revocation of this act. The said revocation shall not affect
any contract then existing or any action at law or suit in
equity or other proceeding then pending, with the exception
of any contract made by the town with the town manager
then in office, whose office shall be abohshed at the time of
the annual town meeting next following such vote of revoca-
tion and who shall receive compensation in full to such date.
Any special laws relative to said town which are repealed
by this act shall be revived by such revocation. Any by-

24

Acts, 1949. — Chap. 14.

law in force when such revocation takes effect, so far as con-
sistent with general laws respecting town government and
town officers and with said special laws, shall not be affected
thereby. Approved February 21, 1949.

ChaV 14 -^^ ^^'^ FURTHER REGULATING THE PAYMENT OF THE CHARGES
AND EXPENSES OF BURIAL OF CERTAIN INSANE AND
SPENDTHRIFT WARDS.

G. L. (Ter.
Ed.), 201,
§ 48A, etc.
amended.

Payment of
burial ex-
penses of
wards, regu-
lated.

Be it enacted, etc., as Jollows:

Chapter 201 of the General Laws is hereby amended by
striking out section 48A, as most recently amended by
chapter 241 of the acts of 1941, and inserting in place thereof
the following section :^ — Section 48 A. Upon apphcation
therefor by a conservator or bj^ a guardian of an insane person
or a spendthrift, whose ward is a resident of the common-
wealth, the probate court, after such notice as it deems
necessary, and a hearing, may authorize such conservator
or guardian to deposit, for the purpose hereinafter stated,
in a savings bank, or in the savings department of a trust
company, within the commonwealth, a sum not exceeding
one hundred and fifty dollars, to be expended solelj?- for, or
towards the expense of, the burial of his ward. Such deposit
shall be made in the name of the judge of probate for the
time being, and shall be subject to the order of the judge and
of his successors in office. The person making such deposit
shall file in the probate court a memorandum thereof and the
deposit book, and the amount so deposited shall, for the pur-
pose of the accounting by such guardian or conservator, be
allowed as a payment. Upon the death of such ward, the
probate court may, upon application and after like notice
and hearing, order the payment of such deposit, together
with any accrued interest thereon, hereinafter referred to as
such deposit, to the executor of the will of such ward or to the
administrator of his estate, to be expended by him only for the
purpose hereinbefore stated, and, in case no executor or ad-
ministrator is appointed, said court may order pajnuent from
such deposit together with any accrued interest thereon to
any undertaker or other person, of any charge for such burial
or sum expended therefor which it finds to be proper, but
not exceeding the amount of such deposit together with any
accrued interest thereon, or may apportion such deposit
together with any accrued interest thereon betvreen several
claimants for such charges or expenses but in no event to
exceed the total amount of such charges, or expenses; pro-
vided, that any balance remaining after the payment of such
charges or expenses shall become general assets of the estate.

Approved February 21, 1949.

Acts, 1949. — Chaps. 15, 16. 25

An Act authorizing the town of shutesbury to borrow (J}i(ij) 15

MONEY for the CONSTRUCTION OF A SCHOOL BUILDING.

Be it enacted, etc., as folio ivs:

Section 1. For the purposes of constructing a school
building and of originally equipping and furnishing the same,
the town of Shutesbury may borrow from time to time, within
a period of five years from the passage of this act, such sums
as may be necessary, not exceeding, in the aggregate, forty-
five thousand dollars, and may issue bonds or notes therefor,
which shall bear on their face the words, Shutesbury School
Building Loan, Act of 1949. Each authorized issue shall
constitute a separate loan, and such loans shall be paid in not
more than twenty years from their dates. Indebtedness
incurred under this act shall be in excess of the statutory
limit, but shall, except as herein provided, be subject to
chapter forty-four of the General Laws, exclusive of the
limitation contained in the first paragraph of section seven
thereof.

Section 2. This act shall take effect upon its passage.

Approved February 26, 1949.

An Act to authorize the town of foxbofouch '^^ ChaV' 16

BORROW money FOR THE PURPOSE OF PURCHASING LAND
AND CONSTRUCTING THEREON AN ADDITION TO THE HIGH
SCHOOL BUILDING, AND FOR EQUIPPING AND FURNISHING
SAID ADDITION.

Be it enacted, etc., as follows:

Section I. For the purpose of purchasing land and con-
structing thereon an addition to the high school building,
and originally equipping and furnishing said addition, the
town of Foxborough may borrow, from time to time, within
a period of five years from the passage of this act, such sums
as may be necessary, not exceeding in the aggregate three
hundred and fifty thousand dollars, and may issue bonds or
notes therefor, which shall bear on their face the words,
Foxborough School Addition Loan, Act of 1949. Each
authorized issue shall constitute a separate loan, and such
loans shall be paid in not more than twenty years from their
dates. Indebtedness incurred under this act shall be in
excess of the statutory limit, but shall, except as provided
herein, be subject to chapter forty-four of the General Laws,
exclusive of the limitation contained in the first paragraph
of section seven thereof.

Section 2. This act shall take effect upon its passage.

Approved February 26, 1949.

26 Acts, 1949. — Chaps. 17, 18, 19.

Chap. 17 An Act authorizing the county commissioners of the

COUNTY OF MIDDLESEX TO PROVIDE ADDITIONAL BEACH
FACILITIES AT THE WALDEN POND STATE RESERVATION.

Be it enacted, etc., as follows:

Section 1. The county commissioners of the county of
Middlesex are hereby authorized to provide additional
beach facilities at the Walden pond state reservation. For
said purpose, said commissioners may expend out of any
available funds the sum of twenty-five thousand dollars,
which sum shall be included in the appropriations for the
current year for said county.

Section 2. This act shall take effect upon its passage.

Approved February 26, 1949.

Chap. 18 An Act reviving lawrence publications, inc.

Emergency Whcrcas, The deferred operation of this act would delay

the corporation revived thereby in resuming the exercise
of its former corporate powers, therefore it is hereby de-
clared to be an emergency law, necessary for the immediate
preservation of the public convenience.

Be it enacted, etc., as follows:

Lawrence Publications, Inc., a corporation dissolved
March twenty-eighth, nineteen hundred and forty-one
by decree of the supreme judicial court, is hereby revived
with the same powers, duties and obligations as if said decree
had not been entered; and all actsfand proceedings of the
officers, directors and stockholders of said corporation,
acting as such, which would be legal and valid but for the
entry of such decree, are hereby ratified and confirmed.

Approved February 26, 1949.

Chap. 19 An Act authorizing the city of pittsfield to grant a

PERMIT RELATIVE TO THE CONSTRUCTION AND MAINTENANCE
OF A STRUCTURE BRIDGING NEW YORK AVENUE IN SAID
CITY.

Be it enacted, etc., as follows:

Section 1. Upon petition and after seven days' notice
published in a newspaper published in the city of Pittsfield
and a public hearing thereon, the city council of the city of
Pittsfield may, with the approval of the mayor, grant and
issue a permit to the General Electric Company, a New
York corporation, authorized to do business in this common-
wealth, abutter on both sides of New York avenue in the
city of Pittsfield, to build, and on such conditions and subject
to such restrictions as said council may prescribe, perma-
nently maintain, a structure bridging New York avenue
in said city connecting lands owned by the abutter on
opposite sides of said avenue.

Acts, 1949. — Chap. 20. 27

Section 2. No structure bridging said avenue under a
permit issued as provided in section one of this act shall be
constructed or maintained at a height less than twenty-four
feet above the grade line of said street, and no part of the
bridge or its supports shall rest upon the traveled portion
of said highway; but nothing contained herein shall prohibit
the erection of supports or columns; provided, that they
are placed in the so-called tree line of said highway. Such
consent of the city of Pittsfield may be given by its council
with the approval of the mayor.

Section 3. If a traveler on the highway while in the
exercise of due care sustains bodily injury or damage in his
property by reason of the negligent construction or main-
tenance of said structure, he may recover damages therefor
in an action of tort brought against said General Electric
Company, or its successors or assigns, within one year after
the date of such injury or damage; provided, that such
notice of the time, place, and cause of said injury or damage
be given to said General Electric Company, or its successors
or assigns, by, or on behalf of, the person or persons sus-
taining the same as is, under the provisions of chapter
eighty-four of the General Laws, valid and sufficient in
cases of injury or damage sustained by reason of a defect
or a want of repair in or upon a way, if such defect or want
of repair is caused by or consists in part of snow or ice, or
both. The remedy herein provided shall not be exclusive,
but shall be in addition to any other remedy provided by
law.

Section 4. Any permit granted under authority of this
section may be revoked by said city council, after due notice
and a hearing, and with the approval of the mayor.

Section 5. This act shall take effect upon its passage.

Approved February £8, 1949.

An Act relative to regulating the parking op motor Qfiap, 20

vehicles at the walden pond state reservation.

Be it enacted, etc., as follows:

Section 1. The county commissioners of the county of
Middlesex are hereby authorized to make regulations govern-
ing the parking of motor vehicles at the Walden pond state
reservation between Baker bridge in the town of Lincoln
and highway route 2 in the town of Concord. Said regula-
tions shall be enforced by the police officers appointed under
authority of section three of chapter four hundred and
ninety-nine of the acts of nineteen hundred and twenty-
two, as amended by chapter fifty of the acts of nineteen
hundred and forty-six.

Section 2. This act shall take effect upon its passage.

Approved February 28, 1949.

28 Acts, 1949. — Chaps. 21, 22.

Chap. 21 An Act transferring the powers and duties of the

BOARD OF WATER COMMISSIONERS OF THE NORTH EASTON
VILLAGE DISTRICT TO THE PRUDENTIAL COMMITTEE
THEREOF, AND REGULATING THE ELECTION AND COM-
PENSATION OF SAID COMMITTEE,

Be it enacted, etc., as follows:

Section 1, The powers and duties of the board of water
commissioners of the North Easton Village District under
the provisions of chapter one hundred and sixty-nine of the
acts of eighteen hundred and eighty-seven, and acts in
amendment of and in addition thereto, are hereby transferred
to, and hereafter shall be exercised and performed by, the
pi-udential committee of said district, and, upon the election
and qualification of the members of the prudential com-
mittee in the year nineteen hundred and forty-nine, the
board of water commissioners shall be abolished and the
several terms of office of the members of said board shall
terminate.

Section 2. The prudential committee shall consist of
three members to be elected as hereinafter provided. At
the annual district election in the year nineteen hundred
and forty-nine, one member shall be elected for a term of one
year, one member for a term of two years, and one member
for a term of three years, and thereafter when the term of
any member expires, his successor shall be elected for a
term of three years.

Section 3. The compensation of the members of the
prudential committee shall be determined from time to
time by a vote of the duly authorized voters of said district.

Section 4. This act shall take effect upon its passage.

Approved February 28, 1949.

Chap. 22 An Act authorizing the town of granville to
reimburse the father of ray nestrovitch for

CERTAIN expenses INCURRED BY REASON OF INJURIES
SUSTAINED BY HIS SON AT A PUBLIC SCHOOL BUILDING
IN SAID TOWN.

Be it enacted, etc., as follows:

Section 1. For the purpose of discharging a moral
obligation, the town of Granville may pay to the father of
Ray Nestrovitch, a minor, a sum of money not exceeding
eighty-seven dollars and fifty cents to reimburse him for
expenses of hospital and medical care incurred by him on
account of injuries received by said Ray Nestrovitch at a
public school building in said town.

Section 2. This act shall take effect upon its passage.

Approved February 28, 1949.

Acts, 1949. — Chaps. 23, 24. 29

An Act to authorize the town of natick to borrow Chap. 23

MONEY FOR THE PURPOSE OF ACQUIRING LAND AND
constructing, equipping and FURNISHING SCHOOL
BUILDINGS.

Be it enacted, etc., as follows:

Section 1. For the purpose of acquiring land for and
constructing and originally equipping and furnishing school
buildings, the town of Natick may borrow, from time to time,
within a period of five years from the passage of this act,
such sums as may be necessary, not exceeding in the aggregate
one million dollars, and may issue bonds or notes of the town
therefor which shall bear on their face the words, "Natick
School Loan, Act of 1949." Each authorized issue shall
constitute a separate loan and such loans shall be paid in
not more than twenty years from their dates. Indebtedness
incurred under this act shall be in excess of the statutory
limit and shall, except as provided herein, be subject to
chapter forty-four of the General Laws, including the limi-
tation contained in the first paragraph of section seven
thereof.

Section 2. Any action taken at the annual town meeting
in the year nineteen hundred and forty-nine to acquire land
and construct and originally equip and furnish school build-
ings shall be as valid and effective as though this act had been
in full force and effect on the date on which the warrant for
said annual town meeting was posted.

Section 3. This act shall take effect upon its passage.

Approved February 28, 1949.

An Act authorizing the town of marshfield to Chav 24
borrow money for school purposes.

Be it enacted, etc., as follows:

Section 1, For the purpose of constructing and
originally equipping and furnishing a school building, the
town of Marshfield may borrow from time to time, within
a period of five years from the passage of this act, such sums
as may be necessary, not exceeding, in the aggregate, three
hundred thousand dollars, and may issue bonds or notes
therefor, which shall bear on their face the words, Marshfield
School Building Loan, Act of 1949. Each authorized issue
shall constitute a separate loan, and such loans shall be paid
in not more than twenty years from their dates. Indebted-
ness incurred under this act shall be in excess of the statutory
limit, but shall, except as herein provided, be subject to
chapter forty-four of the General Laws, exclusive of the
limitation contained in the first paragraph of section seven
thereof.

Section 2. This act shall take effect upon its passage.

Approved February 28, 1949.

30 Acts, 1949. — Chaps. 25, 26.

Chap. 25 An Act further providing for the continuation of

THE PRESENT LAWFUL USE OF CERTAIN BUILDINGS
PENDING THE ISSUANCE OF CERTAIN CERTIFICATES OF
INSPECTION.

pream^ Whereas, The deferred operation of this act would tend

to defeat its purpose, which is to continue for a further period
of one year from March first of the current year the provisions
of the law hereby amended, therefore it is hereby declared to
be an emergency law, necessary for the immediate preserva-
tion of the pubhc convenience.

Be it enacted, etc., as follows:

Section 1. Section 1 of chapter 3 of the acts of 1944, as
most recently amended by chapter 91 of the acts of 1948, is
hereby further amended by striking out, in line 10, the word
"forty-nine" and inserting in place thereof the word: —
fifty, — so as to read as follows : — Section 1 . Any acknowl-
edgment of an application to an inspector, as such term is
defined in section one of chapter one hundred and forty-
three of the General Laws, for a certificate of inspection
under section twenty-eight of chapter one hundred and
forty-three of the General Laws, as amended, which shall
have been renewed as provided in section twenty-nine of
said chapter one hundred and forty-three, as amended, may
be further renewed at any time before March first, nineteen
hundred and fifty in like manner and with Hke effect for such
further periods of not more than ninety days each as cir-
cumstances may require, pending the granting or refusal of
the certificate. Such an acknowledgment may be revoked
by an inspector, without a hearing and without the assign-
ment of any cause therefor, at any time when in his opinion
the public safety requires.

Section 2. This act shall take effect as of March first in
the current year. Approved February 28, 1949.

Chap. 26 An Act authorizing the town of lexington to bor-
row ADDITIONAL MONEY FOR SCHOOL PURPOSES AND
EXTENDING THE TIME WITHIN WHICH SAID MONEY MAY
BE BORROWED.

Be it enacted, etc., as follows:

Section 1. Chapter 186 of the acts of 1947 is hereby
amended by striking out section 1 and inserting in place
thereof the following section : — Section 1 . For the purposes
of acquiring land for and constructing one or more school
buildings, or constructing additions to existing school build-
ings, and of originally equipping and furnishing the same,
the town of Lexington may borrow from time to time, within
a period of six years from the passage of this act, such sums
as may be necessary, not exceeding, in the aggregate, three
miUion dollars, and may issue bonds or notes therefor, which
shall bear on their face the words, Lexington School Building

Acts, 1949. — Chaps. 27, 28, 29. 31

Loan, Act of 1947. Each authorized issue shall constitute
a separate loan, and such loans shall be paid in not more
than twenty years from their dates. Indebtedness incurred
under this act shall be in excess of the statutory limit, but
shall, except as herein provided, be subject to chapter forty-
four of the General Laws, including the limitation contained
in the first paragraph of section seven thereof.

Section 2. This act shall take effect upon its passage.

Approved February 28, 1949.

An Act authorizing the county of Plymouth to QIiq/q 97
purchase and maintain an airplane for use within ^'

said county by the district fire warden of the
department of conservation in the detection
and prevention of forest fires.

Be it enacted, etc., as follows:

The county commissioners of the county of Plymouth are
hereby authorized to purchase and maintain an airplane for
the use of the district fire warden of the department of con-
servation within said county in the detection and prevention
of forest fires. Approved February 28, 1949.

Chap. 28

An Act authorizing the board of trustees of the
lowell textile institute to confer the honorary
degree of master of science.

Be it enacted, etc., as follows:

The second paragraph of section 47E of chapter 74 of S-.^- ('^^•
the General Laws, as most recently amended by chapter § 47E, etc.,
378 of the acts of 1946, is hereby further amended by adding an^ended.
at the end the following : — ; and the board may also confer
the honorary degree of master of science.

Approved February 28, 1949.

An Act authorizing the use of an unexpended balance phn^ on
OF certain funds for the purpose of erecting addi- ^'
tional shop facilities for the farm mechanics divi-
sion of the ESSEX county AGRICULTURAL SCHOOL.

Be it enacted, etc., asfolloios:

Section 1. Authority is hereby granted to the county
commissioners of the county of Essex, acting in behalf of
the trustees of the Essex County Agricultural School, to
use an unexpended balance of funds authorized by chapter
one hundred and thirty-one of the acts of nineteen hundred
and forty-one, and amounting to approximately twelve
thousand two hundred and twenty dollars, for the purpose
of erecting additional shop facilities for the farm mechanics
division of the school, as determined by the trustees thereof.
All the limitations of said chapter one hundred and thirty-one

32 Acts, 1949. — Chaps. 30, 31, 32.

shall apply to the authorization hereunder, except as to the
change in the use of said unexpended balance.

Section 2. This act shall take full effect upon its ac-
ceptance, prior to December thirty-first in the current
year, by the county commissioners of the county of Essex.

Approved February 28, 1949.

Chav. 30 A.N Act relative to the terms of office of the trustees

OF LEICESTER ACADEMY.

Be it enacted, etc., as follows:

The trustees of Leicester Academy, incorporated by an
act entitled "An Act to incorporate an Academy in the
Town of Leicester, by the Name of Leicester Academy",
approved March twenty-third, seventeen hundred and
eighty-four, may fill vacancies in their number by electing
trustees for a term of three years or for life as hereinafter
provided. A person who is elected a trustee for a three-
year term may be re-elected for any number of successive
three-year terms, and a person who has served two or more
consecutive three-year terms as trustee may be elected a
trustee for Ufe. Approved February 28, 1949.

Chap. 31 An Act reviving bradley-goodrich company, inc. for

THE SOLE PURPOSE OF CONVEYING AND TRANSFERRING
CERTAIN PROPERTY.

SS^mbie*^^ Whereas, The deferred operation of this act would delay

the corporation revived thereby in resuming the exercise
of its former corporate powers to the extent provided thereby,
therefore, it is hereby declared to be an emergency law
necessary for the immediate preservation of the public
convenience.

Be it enacted, etc., as folloios:

Bradley-Goodrich Company, Inc., a corporation dis-
solved by section one of chapter one hundred and eighty-
seven of the acts of nineteen hundred and thirty-four, is
hereby revived and continued for a period of one year for
the sole purpose of conveying and transferring certain
property of the corporation. Approved March 1, 1949.

Chap. 32 An Act providing that no more appointments shall be

MADE TO THE POSITION OF CHAUFFEUR IN THE POLICE
department of the city of LOWELL.

Be it enacted, etc., as folloios:

Section 1. On and after the effective date of this act,
no person shall be appointed to the position of chauffeur in
the police department of the city of Lowell.

Section 2. The provisions of this act shall in no way
affect the tenure of office or other civil service rights of the
present incumbents of the position of chauffeur in said
department. Approved March /, 1949.

Acts, 1949. — Chaps. 33, 34. 33

An Act relative to the hours of duty of permanent (Jfidj)^ 33

MEMBERS OF THE FIRE DEPARTMENT IN THE CITY OF
TAUNTON.

Be it enacted, etc., as foUoxos:

Section 1. The hours of duty of the permanent members
of the uniformed fire fighting force in the city of Taunton,
upon its acceptance of this act as hereinafter provided, shall
be so established by the mayor and city council that the
average weekly hours of duty in any year, other than hours
during which such members may be summoned and kept on
duty because of conflagrations, shall not exceed fifty-six in
number. Sections fifty-six, fifty-seven, fifty-eight A and
fifty-nine of chapter forty-eight of the General Laws shall
not apply to the permanent members of the uniformed fire
fighting force in said city.

Section 2. Upon petition of not less than ten per cent
of the registered voters in said city, duly certified by the
registrars of voters and filed with the city clerk not less
than thirty days before any city election, the city clerk
shall cause to be printed upon the official ballot to be used at
such election the following question: "Shall an act passed
by the General Court in the year nineteen hundred and forty-
nine, providing that the average weekly hours of duty in any
year for the permanent members of the uniformed fire fighting
force of this city, other than hours during which such mem-
bers may be summoned and kept on duty because of con-
flagrations, shall not exceed fifty-six in number, be
accepted?". If a majority of the votes cast on said question
is in the affirmative, this act shall thereupon take full effect
in said city. Approved March 1, 1949.

An Act relative to fees for sealing certain weigh- Pjidy 34

ING AND measuring DEVICES AND REPEALING CERTAIN ^'

SPECIAL LAWS RELATIVE TO SUCH FEES.

Be it enacted, etc., as follows:

Section 1. Chapter 98 of the General Laws is hereby g. l. (Ter.
amended by striking out section 56, as most recently amended f'^-^' ^f^- '
by section 1 of chapter 305 of the acts of 1937, and inserting amended.'
in place thereof the following section : — Section 56. Except Fees of
as otherwise provided, sealers shall receive the following fees ®®'*®''®'
for sealing the following weighing or measuring devices: —

(a) Each scale with a weighing capacity of more than ten
thousand pounds, five dollars.

(6) Each scale with a weighing capacity of five thousand
to ten thousand pounds, two dollars.

(c) Each scale with a weighing capacity of one hundred
to five thousand pounds, one dollar.

{d) Scales and balances under one hundred pounds, fifty
cents.

34 Acts, 1949. — Chaps. 35, 36.

(e) Each liquid capacity measure, except vehicle tanks, of
the capacity of more than one gallon and measures on pumps,
twenty-five cents.

(/) Each liquid measuring meter, except water meters, the
diameter of the inlet pipe of which is one inch or less, one
dollar; and for each such meter the diameter of the inlet
pipe of which is more than one inch, three dollars.

(g) Each taximeter or measuring device used upon vehicles
to determine the cost of transportation, one dollar,

(h) Each machine or other mechanical device used for
determining linear or area measurement, one dollar.

(i) Milk bottles or jars, fifty cents per gross.

(j) Vehicle tanks used in the sale of commodities by liquid
measure and having a capacity of one hundred gallons or less,
one dollar. For each additional one hundred gallons or
fraction thereof, an additional fee of fifty cents shall be
received. When a vehicle tank is subdivided into two or
more compartments, each compartment shall, for the pur-
poses of this section, be considered as a separate tank.

(k) All weights and other measures, ten cents each.

They shall also receive reasonable compensation for
necessary repairs, alterations and adjustments made by
them.

Section 2. Chapter 146 of the acts of 1945, chapter 17
of the acts of 1946 and chapter 435 of the acts of 1948 are
hereby repealed. Approved March 1, 19 If 9.

Chap. 35 An Act further extending the time for completing

CERTAIN improvements AND CONSTRUCTION ON PARK
LAND IN THE CITY OF BOSTON KNOWN AS THE CHARLES-
BANK, TO BE PAID FOR OUT OF THE GEORGE ROBERT
WHITE FUND.

Be it enacted, etc., as follows:

The last sentence of section 1 of chapter 585 of the acts
of 1941, as most recently amended by chapter 47 of the acts
of 1947, is hereby further amended by striking out, in line 3,
the word "eight" and inserting in place thereof the word: —
ten, — so as to read as follows : — Said transfer shall also be
upon the further express condition that if, within ten years
from the date of such transfer, such improvement and con-
struction at or on said park land shall not have been com-
pleted, then the care, custody and control of said park land
shall thereupon revert without further act to said park
department. Approved March 1, 1949.

Chap. 36 -A-N Act authorizing the city of lynn to borrow money

FOR school purposes.

Be it enacted, etc., as follows:

Section 1. For the purposes of constructing an ele-
mentary school building and of originally equipping and
furnishing such new building, the city of Lynn may borrow

Acts, 1949. — Chaps. 37, 38. 35

from time to time, within five years from the passage of this
act, such sums as may be necessary, not exceeding, in the
aggregate, two hundred thousand dollars, and may issue
bonds or notes therefor, which shall bear on their face the
words "Ljmn School Loan, Act of Nineteen Hundred and
Forty-nine". Each authorized issue shall constitute a
separate loan, and such loans shall be paid in not more than
fifteen years from their dates, but no issue shall be au-
thorized unless, in the current year, there shall have been
appropriated from available revenue funds or voted to be
raised by taxation for said school purposes a sum equal to
twenty-five cents on each one thousand dollars of the assessed
valuation of said city for the preceding year. Indebtedness
incurred under this act shall be in excess of the statutory
limit and shall, except as provided herein, be subject to
chapter forty-four of the General Laws, exclusive of so
much of the proviso in the first paragraph of section seven
thereof as is incorporated herein.

Section 2, This act shall take effect upon its passage.

Approved March S, 1949.

An Act authorizing the park commissioners of the (JJkuj 37
city of salem to charge for admission to the j. c. b. ' '

smith memorial pool in said city.

Be it enacted, etc., as follows:

Section 1. The park commissioners of the city of Salem
may charge for admission to the J. C. B. Smith Memorial
Pool, so called, in said city, and shall deposit with the city
treasurer all moneys received from such admission fees and
from the sale of articles thereat. Such deposits shall be
set up in a separate account to be known as "Receipts from
Smith Pool". Expenditures from said account shall, subject
to appropriation, be made for the repair, maintenance and
operation of said pool, including wages and salaries of em-
ployees engaged in the operation thereof and activities
appurtenant and relating thereto, and for the maintenance
of other park and playground areas under the control of said
commissioners.

Section 2. This act shall take effect upon its passage.

Approved March 2, 1949.

An Act authorizing the town of Pembroke to borrow QliQ/n 33

MONEY FOR SCHOOL PURPOSES.

Be it enacted, etc., as follows:

Section 1. For the purpose of completing the construc-
tion of an addition to a school building, and originally
equipping and furnishing said addition, the town of Pembroke
may borrow from time to time, within a period of five years
from the passage of this act, such sums as may be necessarj'-,
not exceeding, in the aggregate, eighty-five thousand dollars,

36 Acts, 1949. — Chaps. 39, 40.

and may issue bonds or notes therefor, which shall bear on
their face the words, Pembroke School Building Loan, Act
of 1949. Each authorized issue shall constitute a separate
loan, and such loans shall be paid in not more than twenty
years from their dates. Indebtedness incurred under this
act shall be in excess of the statutory limit, but shall, except
as herein provided, be subject to chapter forty-four of the
General Laws, exclusive of the limitation contained in the
first paragraph of section seven thereof.

Section 2. This act shall take effect upon its passage.

Approved March 2, 1949.

Chap. 39 ^N ^CT AUTHORIZINO THE TOWN OF LAKEVILLE TO BORROW
MONEY FOR THE PURPOSE OF CONSTRUCTING AN ADDITION
TO AN EXISTING SCHOOL BUILDING AND EQUIPPING AND
FURNISHING SAID ADDITION.

Be it enacted; etc., as follows:

Section 1. For the purpose of constructing an addition
to an existing school building and originally equipping and
furnishing said addition, the town of Lakevillp may borrow,
from time to time, within a period of five years from the
passage of this act, such sums as may be necessary, not
exceeding in the aggregate one hundred thousand dollars,
and may issue bonds or notes of the town therefor, which
shall bear on their face the words, Lakeville School Build-
ing Loan, Act of 1949. Each authorized issue shall consti-
tute a separate loan and such loans shall be paid in not
more than twenty years from their dates. Indebtedness in-
curred under this act shall be in excess of the statutory limit
but shall, except as provided herein, be subject to the pro-
visions of chapter forty-four of the General Laws, exclusive
of the limitation contained in the first paragraph of section
seven thereof.

Section 2. This act shall take effect upon its passage.

Approved March 2, 1949.

Chap. 40 -^N ^^'^ '^^ authorize THE TOWN OF WALPOLE TO BORROW
money for THE CONSTRUCTION AND FURNISHING OF A
SCHOOL BUILDING.

Be it enacted, etc., as folloios:

Section 1. For the purpose of constnicting and origi-
nally equipping and furnishing a school building, the town
of Walpole may borrow from time to time, within a period
of five years from the passage of this act, such sums as may
be necessary, not exceeding, in the aggregate, three hundred
thousand dollars, and may issue bonds or notes therefor,
which shall bear on their face the words, Walpole School
Loan, Act of 1949. Each authorized issue shall constitute
a separate loan, and such loans shall be paid in not more
than twenty years from their dates. Indebtedness incurred

Acts, 1949. — Chaps. 41, 42, 43. 37

under this act shall be in excess of the statutory limit, but
shall, except as provided herein, bo subject to chapter forty-
four of the General Laws, exclusive of the limitation con-
tained in the first paragraph of section seven thereof.
Section 2. This act shall take effect upon its passage.

Approved March 2, 1949.

An Act authorizing the town of walpole to construct, /^/,^^ 41
equip and maintain a building for use as a school ^'
building, on land within the limits of park land
located on stone and school streets.

He it enacted, etc , as follows:

Section 1. The town of Walpole is hereby authorized,
notwithstanding any limitations contained in chapter forty-
five of the General Laws, to build, equip and maintain a
building to be used for school purposes only, within the
limits of park land known as Memorial Park located on
Stone and School streets in said town. Said building shall
be so located as to interfere as little as possible with the use
for recreational or athletic purposes of any part of the park
area so used.

Section 2. This act shall take effect upon its passage.

Approved March 2, 1949.

An Act authorizing the city of salem to use certain Qhn^) 49
land for public school athletic activities. ^'

Be it enacted, etc., as follows:

Section 1. The city of Salem is hereby authorized to
use the stadium and athletic field known as Bertram field,
now under the control of its board of park commissioners and
not required for park purposes, for public school athletic
purposes. The land and stadium so used shall be under the
same care and control as other school property.

Section 2. This act shall take effect when, after recom-
mendation by the board of park commissioners of the city
of Salem, it is accepted by the city council of said city, sub-
ject to the provisions of its charter, during the current year.

Approved March 2, 1949.

An Act to authorize the town of wareham to borrow ChoD 43

MONEY FOR THE PURPOSE OF CONSTRUCTING, EQUIPPING
AND FURNISHING A SCHOOL BUILDING.

Be it enacted, etc., as follows:

Section L For the purpose of constructing and originally
equipping and furnishing a school building, the town of
Wareham may borrow, from time to time, within a period
of five years from the passage of this act, such sums as may
be necessary, not exceeding in the aggregate three hundred

38 Acts, 1949. — Chaps. 44, 45.

thousand dollars, and may issue bonds or notes of the town
therefor which shall bear on their face the words, " Wareham
School Loan, Act of 1949". Each authorized issue shall con-
stitute a separate loan and such loans shall be paid in not
more than twenty years from their dates. Indebtedness
incurred under this act shall be in excess of the statutory
limit and shall, except as provided herein, be subject to
chapter forty-four of the General Laws, exclusive of the
limitation contained in the first paragraph of section seven
thereof.

Section 2. This act shall take full effect upon its ac-
ceptance by the voters of the town of Wareham at an annual
or special town meeting, but not otherwise.

Approved March 2, 1949.

Chap. 44 An Act relative to the taking effect of an act grant-
ing THE CONSENT OF THE COMMONWEALTH TO THE ACQUI-
SITION BY THE UNITED STATES OF AMERICA OF CERTAIN
LAND IN THE CITY OF LAWRENCE FOR USE AS A NAVAL
RESERVE TRAINING STATION AND CEDING JURISDICTION
OVER SUCH LAND.

Be it enacted, etc., as follows:

Section 3 of chapter 569 of the acts of 1946 is hereby
amended by striking out, in line 5, the word "forty-six"
and inserting in place thereof the word : — forty-nine, —
so as to read as follows: — Section S. This act shall take full
effect upon its acceptance by a majority vote of the city
council of said city of Lawrence and upon deposit in the
office of the state secretary before December thirty-first,
nineteen hundred and forty-nine, of a suitable plan of said
parcel, but not otherwise. Approved March 2, 1949.

Chap. 45 -An Act permitting the late registration of voters in

THE town of DEDHAM FOR THE ANNUAL TOWN MEETING
TO BE HELD IN THE CURRENT YEAR.

Be it enacted, etc., as follows:

Section 1. Notwithstanding the provisions of section
twenty-six of chapter fifty-one of the General Laws, the
registrars of voters of the town of Dedham may register
voters for the annual town meeting in the current year,
up to and including February twenty-third, nineteen hundred
and forty-nine, as advertised.

Section 2. All action taken by said registrars in regis-
tering voters for said town meeting prior to the passage of
this act is hereby validated and confirmed, to the same extent
as if section one of this act had been in effect at the time
of such action.

Section 3. This act shall take effect upon its passage.

Approved March 4, 1949.

Acts, 1949. — Chaps. 46, 47, 48. 39

An Act validating the late registration of voters nhn'jj 4«

IN THE TOWN OF STOUGHTON FOR THE ANNUAL TOWN ^'

MEETING TO BE HELD IN THE CURRENT YEAR.

Be it enacted, etc., asfolloios:

Section 1. The registration of voters in the town of
Stoughton for the annual toAvn meeting in the current year,
up to and including February twenty-third, nineteen hun-
dred and forty-nine, as advertised, in so far as such registra-
tion was invaUd by reason of failure to comply with the
provisions of section twenty-six of chapter fifty-one of the
General Laws, is hereby validated.

Section 2. This act shall take effect upon its passage.

Approved March 4, 19Jf9.

Chap. 47

An Act relative to the performance of the official
duties of the recorder of the land court in the
event of his absence.

Be it enacted, etc., as follows:

Chapter 185 of the General Laws is hereb}^ amended by g. l. (Ter.
striking out section 12, as most recently amended by chapter f'l2,'efc^.'
29 of the acts of 1943, and inserting in place thereof the amended.'
following .section: — Section 12. The iudge of the land Certain per-

." ., •^j.'j.i 1 in sons to act

court may appoint one or more examiners oi title who shall as recorder,
be attorneys at law and he may also appoint a chief title '*'^*"'
examiner who shall perform all the duties of an examiner
of title and such other duties in connection with the work
of the court as the judge or an associate judge maj^ assign.
Any deputy recorder appointed under section six, who is
designated for the purpose by the judge by a writing filed
in the recorder's office, shall in case of absence, sickness or
disability of the recorder, or if a vacancy exists in the office
of the recorder, perform all of the official duties of the re-
corder. In case of the absence, sickness or disability of
both the recorder and any deputy recorder designated to
perform the official duties of the recorder, or of the recorder
alone, if a vacancy exists in the position of the deputy re-
corder designated to perform the official duties of the recorder,
the chief title examiner under the title of deputy recorder
shall perform all of the official duties of the recorder.

Approved March 4, 194-9.

An Act authorizing the destruction of cancelled fhnf) aq

O^VNERS' DUPLICATE CERTIFICATES OF TITLE OF REGISTERED ^'

LAND.

Be it enacted, etc., as follows:

Section 48 of chapter 185 of the General Laws, as ap- g. l. (Ter.
pearing in the Tercentenary Edition, is hereby amended by f 48 ' Amended
adding at the end the following paragraph : —

40 Acts, 1949. — Chaps. 49, 50.

Destruction 'pj^g assistant rccorders in the various reeistry districts

duplicate are hereby authorized to destroy all owners' duplicate

a^hon^zed'.' Certificates of title upon the cancellation thereof.

Approved March 4, 1949.

Chap. 49 -^N ^^'^ RELATIVE TO THE EXPENDITURE OF MONEY BY THE
COUNTY COMMISSIONERS OF THE COUNTY OF DUKES COUNTY
FOR THE PURPOSE OF PROMOTING THE RECREATIONAL AD-
VANTAGES OF SAID COUNTY.

Be it enacted, etc., as follows:

Section 1. Chapter 134 of the acts of 1938 is hereby
amended by striking out section 1 and inserting in place
thereof the following section : — Section 1 . The county
commissioners of the county of Dukes county may, for the
purpose of advertising the recreational advantages of said
county and for operating information booths in said county,
expend such sums, not exceeding ten thousand dollars in any
one year, as may be appropriated therefor. In addition to
expenditures for operating information booths, said com-
missioners shall expend such sums only for advertising in
newspapers, magazines and the like, or for booklets, posters
or other forms of advertising. In carrying out the provisions
of this act, said commissioners maj^ designate an agent or
agents to act for them or to act jointly with them; provided,
that all bills incurred shall be accompanied by proper
vouchers and shall be paid by the county treasurer only on
warrants approved by the county commissioners or a majority
of them. Appropriations for the purposes of this act shall
be included in the county tax, except that the town of Gos-
nold shall not be assessed for any part thereof in the assess-
ment of the county tax.

Section 2. This act shall take full effect upon its accept-
ance during the current year by the county commissioners
of said county, but not otherwise.

Approved March 4, 1949.

Chap. 50 An Act authorizing the transfer of certain land on

MYRTLE STREET IN THE CITY OF BOSTON FROM THE SCHOOL
DEPARTMENT TO THE PARK DEPARTMENT OF SAID CITY.

Be it enacted, etc., as folloivs:

Section 1. The school committee of the city of Boston
is hereby authorized to transfer to the board of park com-
missioners of said city the control and charge of any part or
parts or the whole of the land on the southerly side of Myrtle
street, between Joy street and Anderson street, in said city,
held by said city for school purposes. Said transfer shall
take effect upon acceptance thereof by vote of said board of
park commissioners. Thereafter so much of said land as is
transferred hereunder shall be under the control and charge
of said board of park commissioners and shall be developed

Acts, 1949. — Chaps. 51, 52. 41

and maintained as a public playground in accordance with
the provisions of chapter forty-five of the General Laws.

Section 2. This act shall take full effect upon its accept-
ance during the current year by vote of the city council of
said city, subject to the provisions of its charter, but not
otherwise. Approved March 4, 1949.

An Act to authorize the town of Kingston to borrow Qhnr) 51

MONEY FOR THE PURPOSE OF CONSTRUCTING, EQUIPPING ^'

AND FURNISHING A SCHOOL BUILDING.

Be it enacted, etc., as follows:

Section 1. For the purpose of constructing and origi-
nally equipping and furnishing a school building, the town
of Kingston may borrow, from time to time, within a period
of five years from the passage of this act, such sums as may
be necessary, not exceeding in the aggregate one hundred
and seventy-five thousand dollars, and may issue bonds or
notes of the town therefor which shall bear on their face
the words, ''Kingston School Loan, Act of 1949". Each
authorized issue shall constitute a separate loan and such
loans shall be paid in not more than twenty years from their
dates. Indebtedness incurred under this act shall be in
excess of the statutory limit and shall, except as provided
herein, be subject to chapter forty-four of the General Laws,
exclusive of the limitation contained in the first paragraph
of section seven thereof.

Section 2. This act shall take effect upon its passage.

Approved March 8, 1949.

An Act authorizing the town of heath to borrow Qhai) 59
money for school purposes. ^'

Be it enacted, etc., as follows:

Section 1. For the purpose of constructing an addition
to a school building and originally equipping and furnish-
ing the same, the town of Heath may borrow, from time to
time, within a period of five years from the passage of this
act, such sums as may be necessary, not exceeding in the
aggregate ten thousand dollars, and may issue bonds or
notes of the town therefor which shall bear on their face the
words, "Heath School Loan, Act of 1949". Each author-
ized issue shall constitute a separate loan and such loans
shall be paid in not more than twenty years from their dates.
Indebtedness incurred under this act shall be in excess of the
statutory limit and shall, except as herein provided, be sub-
ject to chapter forty-four of the General Laws, exclusive
of the limitation contained in the first paragraph of section
seven thereof.

Section 2. This act shall take effect upon its passage.

Approved March 8, 1949.

42

Acts, 1949. — Chaps. 53, 54, 55.

Chap. 53 An Act authorizing the town of Cheshire to borrow

MONEY FOR SCHOOL PURPOSES.

Be it enacted, etc., as follows:

Section 1. For the purpose of constructing an addition
to the present Cheshire school and originally equipping and
furnishing said addition, the town of Cheshire may boiTOW
from time to time, within a period of five years from the
passage of this act, such sums as may be necessary, not ex-
ceeding, in the aggregate, fifty thousand dollars, and may
issue bonds or notes therefor, which shall bear on their face
the words, Cheshire School Loan, Act of 1949. Each au-
thorized issue shall constitute a separate loan, and such
loans shall be paid in not more than twenty years from their
dates. Indebtedness incurred under this act shall be in
excess of the statutory limit, but shall, except as herein
provided, be subject to chapter forty-four of the General
Laws, including the limitation contained in the first para-
graph of section seven thereof.

Section 2. This act shall take effect upon its passage.

Approved March 8, 1949.

Chap. 54 An Act requiring the copy of the process required
to be left with the commissioner of corporations
and taxation in connection with the service of
process upon certain foreign corporations to be
in duplicate.

Be it enacted, etc., as follows:

Section 3 of chapter 181 of the General Laws, as most
recently amended by section 1 of chapter 342 of the acts of
1946, is hereby further amended by striking out the last
sentence and inserting in place thereof the following sen-
tence : — Service of such process shall be made by leaving
a copy of the process in duplicate with a fee of two dollars
in the hands of the commissioner, or of his deputy or second
deputy when acting under section six of chapter fourteen
or in the office of the commissioner, and such service shall
be sufficient service upon the corporation.

Approved March 8, 1949.

G. L (Ter.
Ed.). 181,
§ 3, etc.,
amended.

Copy of
process to be
in duplicate.

Chap. 55 An Act relative to appointments to the regular fire
force in cities and towns in which there has been
established a reserve force of firemen.

Be it enacted, etc., as follows:

Chapter 31 of the General Laws is hereby amended by
striking out section 19A, as most recently amended by chap-
ter 530 of the acts of 1943, and inserting in place thereof
the following section: — Section 19 A. In each city in
which there has been established a reserve force of firemen
in its fire department under the provisions of sections fifty-

G. L. (Ter.
Ed.), 31,
§ 19A, etc.,
amended.

Appointment
to regular
fire force in
certain citieti.

Acts, 1949. — Chaps. 56, 57, 58. 43

nine B to fifty-nine D, inclusive, of chapter forty-eight, and
in each city and town which has a reserve force of firemen
under authority of special law, appointments to the regular
force shall be made by the appointing authority upon certi-
fication by the director from the list of members of the
reserve force of firemen, in accordance with the rules of the
commission, except that the basis of certification shall be
the order of appointment to the reserve force, or, if not
ascertainable, the order of the respective ratings of such
members obtained in the examination upon which the list
of ehgibles for appointment to such reserve force was based.
No person who has passed his fiftieth birthday shall be
appointed from such a reserve force to such a regular force.
The provisions of this section shall not be deemed to prevent
the appointment to the regular force of a city or town of a
call fireman who, in the case of a city, has been a call member
therein for more than five years prior to June fifteenth,
nineteen hundred and forty-three, and, in the case of a town,
has been a call member therein for more than five years
prior to such appointment to the regular force.

Approved March 8, 1949.

Chap. 56

regulated.

An Act relative to the publication of process in
probate proceedings.

Be it enacted, etc., as follows:

Section 3 of chapter 215 of the General Laws, as appearing g. l. (Ter.
in the Tercentenary Edition, is hereby amended by adding f^.^amended.
at the end the following sentence : — Whenever service of PubUoation
any notice, citation, order or other process in any of the ^f„P^°Jf^'
foregoing proceedings is ordered to be made by publication
the names of the estates or parties to such proceedings shall
be printed in bold type. Approved March 8, 1949.

An Act to authorize the trustees of mount holyokb Qhnr) 57

COLLEGE TO HOLD ADDITIONAL REAL AND PERSONAL ESTATE. "*

Be it enacted, etc., as follows:

The Trustees of Mount Holyoke College are hereby au-
thorized to hold real and personal estate in the manner and
for the purposes set forth in its charter to an amount not
exceeding twenty million dollars.

Approved March 8, 1949.

An Act authorizing the ware savings bank to Qhajy 5g
acquire additional real estate suitable for a ^'

PARKING lot or FOR OTHER BANKING PURPOSES.

Be it enacted, etc., as follows:

Section 1. The Ware Savings Bank, incorporated
under the laws of the commonwealth, may, subject to the
approval of the commissioner of banks, invest its deposits

44 Acts, 1949. — Chaps. 59, 60.

to an amount not exceeding twenty thousand dollars in the
purchase and preparation of a suitable site in the town of
Ware for a parking lot to be used in the transaction of its
business, or for other banking purposes.

Section 2. This act shall take effect upon its passage.

Approved March 11, 1949.

Chap. 59 An Act authorizing the submission to the voters

OF THE TOWN OF COHASSET OF THE QUESTION OF
THE ACCEPTANCE OF CERTAIN PROVISIONS OF LAW
REGULATING THE HOURS OF DUTY OF PERMANENT
MEMBERS OF FIRE DEPARTMENTS.

Be it enacted, etc., as follows:

Nothwithstanding any contrary provisions of section
fifty-eight A of chapter forty-eight of the General Laws,
the question of the acceptance of said section may be sub-
mitted for acceptance to the voters of the town of Cohasset
at the next annual town meeting in the form of the following
question, which shall be placed upon the official ballot to
be used for the election of town officers at said meeting : —
"Shall section fifty-eight A of chapter forty-eight of the
General Laws, providing for a seventy-hour week for
permanent members of the fire departments, be accepted?"
If a majority of the votes cast in answer to said question
is in the affirmative, then said section fifty-eight A shall
take effect in said town ninety days thereafter.

Approved March 11, 1949.

Chap. 60 An Act relative to the authority of the aeronautical

INSPECTORS OF THE MASSACHUSETTS AERONAUTICS COM-
MISSION.

Be it enacted, etc., as follows:

Ed^" 90 ^"^^ Section 40 of chapter 90 of the General Laws, as amended

§4b,'£tc., by section 1 of chapter 582 of the acts of 1946, is hereby
amended. further amended by adding at the end the following para-
graph : —
(^'"ectors'''^' Persons appointed as inspectors by the commission shall,
authority of, with respect to the enforcement of laws relating to aero-
nautics, have and exercise throughout the commonwealth all
the powers of constables, except the service of civil process,
and of poUce officers, including the power to arrest any per-
son who, in the presence of the inspector making the arrest,
commits a breach of the peace which violates any provision
of the aviation law as contained in this chapter or the rules
and regulations estabhshed by the commission; provided,
that such violation shall have been committed in the presence
of the inspector making the arrest and constitutes a breach
of the peace; and they may serve all process issued by the
courts with respect to the enforcement of such laws.

Approved March 11, 1949.

etc.

Acts, 1949. — Chaps. 61, 62. 45

An Act relative to powers of the superior court in (Jjidj) gj
workmen's compensation cases.

Be it enacted, etc., as follows:

Section 11 of chapter 152 of the General Laws, as amended, ^j^- ^J^'-
is hereby further amended by adding at the end the follow- § li.' etc.,'

1 amended.

mg paragraph : —

In the event of a decree of the superior court the court superior court

r • 1 1 ,^ . . . f may report

may, on motion of either party, by a brief statement of facts questions of
agreeable to the parties, report questions of law raised by the ^^^' ®**''
decree to the supreme judicial court for determination.

Approved March 11, 1949.

An Act relative to the supervision by the commissioner nhnrf 62
OF banks of the collateral loan company, formerly ^'
the pawners* bank.

Be it enacted, etc., as follows:

Section 1. Section 13 of chapter 173 of the acts of 1859
is hereby amended by striking out, in line 2, the words
"bank commissioners" and inserting in place thereof the
words : — commissioner of banks, — so as to read as fol-
lows: — Section 13. The president and directors of said
bank shall annually report to the commissioner of banks, full
and accurate statistics of the operations and condition of
said bank, in the month of October in each year.

Section 2. Chapter 170 of the acts of 1888 is hereby
amended by striking out section 1 and inserting in place
thereof the following: — Section 1. The commissioner of
banks shall have access to the vaults, books and papers of
the Collateral Loan Company, and it shall be his duty to
inspect, examine and inquire into its affairs, and to take pro-
ceedings in regard to them in the same manner and to the
same extent as if this corporation was a savings bank, subject
to all the laws which are now or hereafter may be in force
relating to such institutions in this regard. The returns re-
quired to be made to the commissioner of banks shall be in the
form of a trial balance of its books, and shall specify the
different kinds of its liabilities and the different kinds of its
assets, stating the amounts of each kind, in accordance with
a blank form to be furnished by said commissioner; and
these returns shall be published in a newspaper of the city of
Boston, at the expense of said corporation, at such times and
in such manner as may be directed by said commissioner,
and in the annual report of said commissioner: provided,
however, that said commissioner may cause any examina-
tion to be made by an expert under his direction, but at the
expense of the corporation. Approved March 14, 1949.

46

Acts, 1949. — Chaps. 63, 64.

G. L. (Ter.

Ed.). 168.

{ 23, amended.

Cha/P- 63 ^^ ^^'^ RELATIVE TO THE REMOVAL OF TRUSTEES OF SAVINGS
BANKS FOR DISREGARD OF THEIR DUTIES TO SUCH CORPORA-
TION.

Be it enacted, etc., as follows:

Section 23 of chapter 168 of the General Laws, as appearing
in the Tercentenary Edition, is hereby amended by striking
out the first sentence and inserting in place thereof the fol-
lowing sentence : — If a trustee fails both to attend the
regular meetings of the board and to perform any of the
duties devolving upon him as such trustee for six consecu-
tive months, his office may be declared by the board at the
next regular meeting to be vacant, and upon his failure both
to attend meetings and to perform such duties for twelve
consecutive months, his office shall be declared by the board
at the next regular meeting to be vacant, — so that said
section will read as follows : — Section 23. If a trustee fails
both to attend the regular meetings of the board and to per-
form any of the duties devolving upon him as such trustee
for six consecutive months, his office may be declared by the
board at the next regular meeting to be vacant, and upon his
failure both to attend meetings and to perform such duties
for twelve consecutive months, his office shall be declared
by the board at the next regular meeting to be vacant. A
record of such vacancy shall be entered upon the books of
the corporation, and a transcript of such record shall be sent
by mail to the person whose office is thus made vacant.
The office of any trustee who takes the benefit of any law of
bankruptcy or insolvency, or who on examination on sup-
plementary process has been found unable to pay a judg-
ment, shall thereby be vacated. The commissioner may
recommend the removal of any trustee, officer or employee
who in his opinion has abused his trust, or has been neghgent
in the performance of his duties, and upon such recommenda-
tion the trustees may remove or discharge such trustee,
officer or employee. The trustees shall act upon such recom-
mendation within thirty days after receiving the same.

Approved March I4, 1949.

Removal of
trustees of
savings banks
for disregard
of duties.

Chap. 64 ^ Act relative to certain deposits with others than

BANKS FOR THE PURPOSE OF BEING TRANSMITTED TO
FOREIGN COUNTRIES.

G. L. (Ter.
Ed.). 169.
I 1, amended.

Be it enacted, etc., as follows:

Section 1. Section 1 of chapter 169 of the General
Laws, as appearing in the'?;Tercentenary Edition, is hereby
amended by striking out, inpines 4lto 7, inclusive, the words
"in such sums that ^the^average of^the separate deposits so
received during any twelve successive months, or during
such period, if less than twelve months, that such person
has been engaged in such business, is less than five hundred

Acts, 1949. — Chap. 64. 47

dollars,", — so as to read as follows: — Section 1. This Application
chapter shall apply to all persons who engage or are financially °^ '=^»r'te''-
interested in the business of receiving deposits of money,
for the purpose of transmitting the same or equivalents
thereof to foreign countries, except duly incorporated banks
and trust companies, express companies having contracts
with railroad or steamship companies for the operation of an
express service upon the lines of such companies, or express
companies doing an international express business, or trans-
atlantic steamship companies or telegraph companies.

Section 2. Section 3 of said chapter 169, as so appear- g. l. (Xer.
ing, is hereby amended by striking out the last sentence f t^ail^nded.
and inserting in place thereof the following sentence : —
In case of the revocation or surrender of, or failure to renew, Revocation,
a hcense, the money and securities and the bond, if there 000^^6.'^*""
be one, shall continue to be held by the state treasurer for a
period of one year from the date of such revocation, surrender
or failure to renew and until the expiration of sixty days
after final judgment in any action or suit commenced prior
to the end of said period, unless otherwise directed by the
order or judgment of a court of competent jurisdiction.

Section 3. Section 6 of said chapter 169, as so appearing, g. l. (Xer.
is hereby amended by striking out, in hne 1, the words "any f e^amtnded.
business" and inserting in place thereof the words: — the
business of receiving deposits of money, for the purpose of
transmitting the same or equivalents thereof to foreign
countries, as, — so as to read as follows: — Section 6. Any supervision
\ erson transacting the business of receiving deposits of sione^""'^"
money, for the purpose of transmitting the same or equiva-
lents thereof to foreign countries, as described in section
one shall be subject to the supervision of the commissioner,
and shall annually, within thirty days after the last business
day in October, and at such other times as he may specify,
make to him in such form as he may prescribe a return signed Returns.
and sworn to by such officers or persons as he may designate,
showing accurately the condition thereof at the close of
business on said last business day of October or such other
day as he may specify.

Section 4. Section 7 of said chapter 169, as so appearing, g. l. (Xer.
is hereby amended by striking out, in line 3, the words "and f 7?kmended.
investments thereof ", — so as to read as follows : — Section 7. Books and
The books and accounts of every such person shall be kept ^°°°"°**-
and audited in such manner and form, and the persons
charged with the custody of the funds shall give a bond in Bond by
such manner and amount and to such person as the com- depo^fte" °^
missioner may prescribe.

Section 5. Said chapter 169 is hereby further amended EdViJg"^'
by striking out section 8, as so appearing, and inserting in § s, kmended.
place thereof the following section : — Section 8. The com- Examination
missionor may, whenever he deems it necessary or expedient, ^one""'"'^'
examine or cause to be examined the affairs and transactions
of any such person, to ascertain his ability to properly trans-
act said business and whether he has complied with all laws
apphcable thereto. Approved March I4, 1949.

48 Acts, 1949. — Chaps. 65, 66.

Chap. 65 An Act providing for party nominations for elective

MUNICIPAL officers IN THE CITY OF FITCHBURG.

Be it enacted, etc., as follows:

Section 1. So much of section sixteen of chapter forty-
three of the General Laws as provides that no primary or
caucus for municipal officers shall be held in cities governed
under a standard form of city charter provided for in said
chapter forty-three shall not apply in the city of Fitchburg.

Section 2. Nominations of candidates for municipal
elective office in said citj'^ shall be made by nomination papers
as provided in section six of chapter fifty-three of the Gen-
eral Laws and by political parties in primaries held in accord-
ance with sections twenty-three to forty A and fifty-seven to
sixty-four, all inclusive, of said chapter fifty-three.

Section 3. The provisions of section fifty-three A of
said chapter fifty-three relative to filing objections to nomi-
nations at state primaries and to the withdrawal of names
from nomination shall apply in the case of nominations at
city primaries in said city except that such objections or
withdrawals shall be filed with the city clerk.

Section 4. The provisions of law relative to the signing
of nomination papers of candidates for state office, and to
the identification and certification of names thereon and
submission to the registrars therefor, shall apply, so far as
apt, to the signing of petitions under this act and to the
identification and certification of such names.

Section 5. This act shall be submitted to the registered
voters of the city of Fitchburg at the municipal election to
be held in the current year in the form of the following ques-
tion, which shall be placed on the official ballot to be used at
said election: — "Shall an act passed by the general court
in the current year, entitled 'An Act providing for party
nominations for elective municipal officers in the city of
Fitchburg', be accepted?" If a majority of the votes in
answer to said question is in the affirmative, this act shall
thereupon take full effect, but not otherwise.

Approved March 14, 1949.

Chap. 66 An Act extending the time within which the town

OF HINGHAM may borrow money for school PURPOSES
AND INCREASING THE AMOUNT W^HICH MAY BE SO BOR-
ROWED.

Be it enacted, etc., as follows:

Section 1. Section 1 of chapter 10 of the acts of 1945,
as amended by section 1 of chapter 14 of the acts of 1946,
is hereby further amended by striking out, in line 5, the word
"five" and inserting in place thereof the word: — nine, —
and by striking out, in line 7, the words "five hundred
thousand" and instrtuig in place thereof the words: — two
million, — so as to read as follows : — Section 1 . For the
purposes of acquiring land for and constructing one or more

Acts, 1949. — Chaps. 67, 68. 49

school buildings, or constructing additions to existing school
builduigs, and of originally equipping and furnishing the
same, the town of Plingham may borrow from time to time,
within a period of nine years from the passage of this act,
such sums as may be necessary, not exceeding, in the aggre-
gate, two million dollars, and may issue bonds or notes
therefor, which shall bear on their face the words, Hingham
School Building Loan, Act of 1945. Each authorized issue
shall constitute a separate loan, and such loans shall be
paid in not more than twenty years from their dates. In-
debtedness incurred under this act shall be in excess of the
statutory limit, but shall, except as herein provided, be sub-
ject to chapter forty-four of the General Laws, exclusive
of the limitation contained in the first paragraph of section
seven thereof.

Section 2. Action taken under authority of this act
at the annual or any special meeting of the town of Hingham
held in the current year shall be as effective in all respects as
though this act had been m full force and effect on the date
when the warrant for such meeting was posted.

Section 3. This act shall take effect upon its passage.

Approved March 17, 1949.

An Act relative to the changing of precinct lines phnij gy

IN WARDS TWO, THREE AND FIVE IN THE CITY OF "*

FITCHBURG.

Whereas, The deferred operation of this act would tend Emergency
to defeat its purpose, which is to facilitate the provisions
for voting at the municipal election to be held in the city
of Fitchburg in the current year, therefore it is hereby
declared to be an emergency law, necessary for the im-
mediate preservation of the public convenience.

Be it enacted, etc., as follows:

Notwithstanding the provisions of section two of chapter
fifty-four of the General Laws, as amended, the precinct
lines of wards two, three and five in the city of Fitchburg,
established by vote of the city council on December twenty-
first, nineteen hundred and forty-eight shall be effective
as of March first, nineteen hundred and forty-nine.

Approved March 21, 1949.

An Act authorizing the town of bernardston to nhn-n fiS

BORROW MONEY FOR SCHOOL PURPOSES. ^'

Be it enacted, etc., as follows:

Section 1. For the purpose of constructing and
originally equipping and furnishing a consolidated school
building, the town of Bernardston may borrow, from time
to time, within a period of five years from the passage of
this act, such sums as may be necessary, not exceeding in
the aggregate one hundred thousand dollars, and may

50 Acts, 1949. — Chaps. 69, 70.

issue bonds or notes of the town therefor, which shall bear
on their face the words, "Bernardston School Loan, Act
of 1949". Each authorized issue shall constitute a sep-
arate loan, and such loans shall be paid in not more than
twenty years from their dates. Indebtedness incurred
under this act shall be in excess of the statutory limit,
and shall, except as herein provided, be subject to chapter
forty-four of the General Laws, exclusive of the limita-
tion contained in the first paragraph of section seven thereof.
Section 2. This act shall take effect upon its passage.

Approved March 21, 1949.

Chap. 69 An Act authokizing the town of barre to borrow

MONEY FOR SCHOOL PURPOSES.

Be it enacted, etc., as follows:

Section 1. For the purpose of acquiring land for and
constructing and originally equipping and furnishing a school
building, the town of Barre may borrow, from time to time,
within a period of five years from the passage of this act,
such sums of money as ma,y be necessary, not exceeding, in
the aggregate, two hundred and thirty thousand dollars, and
may issue bonds or notes therefor which shall bear on their
face the words, Barre School Loan, Act of 1949. Each au-
thorized issue shall constitute a separate loan, and such
loans shall be paid in not more than twenty years from their
dates. Indebtedness incurred under this act shall be in ex-
cess of the statutory limit but shall, except as provided
herein, be subject to chapter forty-four of the General Laws,
exclusive of the limitation contained in the first paragraph
of section seven thereof.

Section 2. This act shall take effect upon its passage.

Approved March 81, 1949.

Chap. 70 An Act relative to appropriations for school pur-
poses IN the city of LYNN.

Be it enacted, etc., as follows:

Section 1. Section 1 of chapter 178 of the acts of 1909
is hereby amended by striking out the paragraph inserted
by section 1 of chapter 154 of the acts of 1937, as most
recently amended by section 1 of chapter 230 of the acts
of 1947, and inserting in place thereof the following
paragraph: —

Notwithstanding the foregoing provisions of this sec-
tion, if in the opinion of the school committee amounts
in excess of the aggregate amount which would be avail-
able under such provisions are necessary for the above
named purposes for any financial year, the school com-
mittee, by vote of a majority of all its members taken
by yeas and nays, subject to the approval of the mayor,
may increase appropriations for said purposes for such

Acts, 1949. — Chaps. 71, 72. 51

financial year, but the total amount available for said
purposes from all sources, including taxation, balances
of appropriations and miscellaneous receipts and amounts
to be received from other state aid for school purposes shall
not exceed the sum of three million dollars.

Section 2. Appropriations for the city of Lynn for the
current year may be made under section one of said chapter
one hundred and seventy-eight, as most recently amended
by section one of this act and as affected by section thirty
of chapter forty-four of the General Laws at any time before
the fixing of the tax rate for said city for the current year,
notwithstanding any provision therein contained.

Section 3. This act shall take effect upon its passage.

Approved March 21, 1949.

An Act to authorize the town of falmouth to bor-
row MONEY FOR THE PURPOSE OF CONSTRUCTING A
JUNIOR-SENIOR HIGH SCHOOL BUILDING AND FOR THE
EQUIPPING AND FURNISHING OF SAID BUILDING.

Be it enacted, etc., as follows:

Section 1. For the purpose of constructing and
originally equipping and furnishing a junior-senior high
school building, the town of Falmouth may borrow, from
time to time, within a period of five years from the passage
of this act, such sums as may be necessary, not exceeding
in the aggregate three hundred thousand dollars, and may
issue bonds or notes of the town therefor, which shall bear
on their face the words, Falmouth School Building Loan,
Act of 1949. Each authorized issue shall constitute a sep-
arate loan and such loans shall be paid in not more than
twenty years from their dates. Indebtedness incurred
under this act shall be in excess of the statutory limit,
but shall, except as provided herein, be subject to the pro-
visions of chapter forty-four of the General Laws, exclusive
of the limitation contained in the first paragraph of sec-
tion seven thereof.

Section 2. This act shall take effect upon its passage.

Approved March 21, 1949.

An Act authorizing the town of Manchester to

BORROW money FOR SCHOOL PURPOSES.

Be it enacted, etc., as follows:

Section 1. For the purposes of constructing a school
building, and of originally equipping and furnishing the
same, the town of Manchester may borrow from time
to time, within a period of five years from the passage
of this act, such sums as may be necessary, not exceeding,
in the aggregate, six hundred thousand dollars, and may
issue bonds or notes therefor, which shall bear on their
face the words, Manchester School Building Loan, Act

Chap. 71

Chap. 72

52 Acts, 1949. — Chaps. 73, 74.

of 1949. Each authorized issue shall constitute a separate
loan, and such loan shall be paid in not more than twenty
years from their dates. Indebtedness incurred under this
act shall be in excess of the statutory limit, but shall, except
as herein provided, be subject to chapter forty-four of the
General Laws, exclusive of the limitation contained in the
first paragraph of section seven thereof.

Section 2. This act shall take effect upon its passage.

Approved March 21, 1949.

Chap. 73 An Act authorizing the transfer of certain land on

UNION STREET IN THE BRIGHTON DISTRICT OF THE CITY OF
BOSTON FROM THE SCHOOL DEPARTMENT TO THE PARK
DEPARTMENT OF SAID CITY.

Be it enacted, etc., as follows:

Section 1. The school committee of the city of Boston
is hereby authorized to transfer to the board of park com-
missioners of said city control and charge of any part or
parts or the whole of the land on the southerly side of Union
street in the Brighton district of said city, held by said city
for school purposes. Said transfer shall take effect upon
acceptance thereof by vote of said board of park commis-
sioners. Thereafter so much of said land as is transferred
hereunder shall be under the control and charge of said
board of park commissioners and shall be developed and
maintained as a public playground in accordance with the
provisions of chapter forty-five of the General Laws.

Section 2. This act shall take full effect upon its ac-
ceptance during the current year by vote of the city council
of said city, subject to the provisions of its charter, but not
otherwise. Approved March 21, 1949.

Chap. 74 An Act to authorize the town of west brookfield to

BORROW MONEY FOR THE CONSTRUCTION OF SCHOOL
BUILDINGS.

Be it enacted, etc., as follows:

For the purpose of acquiring land and constructing and
originally equipping and furnishing an elementary school
building and a high school building, the town of West Brook-
field may borrow, from time to time, over a period of five
years from the passage of this act, such sums as may be
necessary, not exceeding in the aggregate one hundred and
twenty-two thousand dollars, and may issue bonds or notes
therefor which shall bear on their face the words. West
Brookfield School Building Loan, Act of 1949. Each au-
thorized issue shall constitute a separate loan and such
loans shall be paid in not more than twenty years from their
dates. Indebtedness incurred under this act shall be in
excess of the statutory limit but shall, except as herein

Acts, 1949. — Chaps. 75, 76, 77. 53

provided, be subject to chapter forty-four of the General
Laws, exclusive of the limitation contained in the first
paragraph of section seven thereof.

Approved March 21, 1949.

An Act relative to the observance each year of united nhn^^ 75

NATIONS DAY. ' "

Be it enacted, etc., as follows:

Chapter 6 of the General Laws is hereby amended by g. i-. (Tcr.
inserting after section 12M, inserted by chapter 561 of the ftisN^'adXd.
acts of 1947, the following section: — Section 12N. The observance
governor shall annually issue a proclamation calling for a NaUoli*rDay.
proper observance of October twenty-fourth as United
Nations Day, in commemoration of the taking effect of
the United Nations' Charter on October twenty-fourth,
nineteen hundred and forty-five.

Approved March 21, 1949.

An Act relative to the interest of a husband or wife (Jfidj) 75
in the property of the other spouse after divorce.

Be it enacted, etc., as follows:

Section 1. Section 26 of chapter 208 of the General EdV'208''s26
Laws, as appearing in the Tercentenary Edition, is hereby repealed.'
repealed.

Section 2. Said chapter 208 is hereby further amended Ed)" 2^8*^1 27
by striking out section 27, as so appearing, and inserting amended.'
in place thereof the following section: — Section 27. After no curtesy
a divorce, a husband or wife shall not be entitled to curtesy divo°ce"*
or dower in the land of the other spouse.

Approved March 21, 1949.

Chap. 77

An Act relative to the response of fire departments
to calls for aid from municipalities in states ad-
joining THIS commonwealth.

Be it enacted, etc., as follows:

Section 59A of chapter 48 of the General Laws, as appear- g. l. (Ter.
ing in the Tercentenary Edition, is hereby amended by fmendfd'^^^'
inserting after the word "district", in lines 4 and 5, the
words: — in this commonwealth or in any adjoining state,
— and by inserting after the word "district", in line 13,
the words : — in this commonwealth, — so as to read as
follows : — Section 59 A . Cities, towns and fire districts Response of
may, by ordinance or by-law, or by vote of the board of ^'Inte't^c^iiB
aldermen, selectmen or of the prudential committee or board for aid from
exercising similar powers, authorize their respective fire etc.^*^ '''*'^*'
departments to go to aid another city, town or fire district
in this commonwealth or in any adjoining state in extin-
guishing fires therein, and while in the performance of their

54 Acts, 1949. — Chaps. 78, 79.

duties in extending such aid the members of such depart-
ments shall have the same immunities and privileges as if
performing the same within their respective cities, towns or
districts. Any such ordinance, by-law or vote may authorize
the head of the fire department to extend such aid, subject
to such conditions and restrictions as may be prescribed
therein. The words "fire departments" as used in this
section shall mean lawfully organized fire fighting forces,
however constituted.

Any city, town or district in this commonwealth aided
under and in accordance with this section may compensate
any city, town or district rendering aid as aforesaid for the
whole or any part of any damage to its property sustained
in the course of rendering the same and may reimburse it
in whole or in part for any payments lawfully made to any
member of its fire department or to his widow or other
dependents on account of injuries or death suffered by him
in the course of rendering aid as aforesaid or of death result-
ing from such injuries. Approved March 22y 1949.

Chap. 78 An Act authorizing the town of braintree to bor-
row MONEY FOR SCHOOL PURPOSES.

Be it enacted, etc., as follows:

Section 1. For the purposes of constructing and originally
equipping and furnishing a school building, the town of
Braintree may borrow, from time to time, within a period
of five years from the passage of this act, such sums as may
be necessary, not exceeding, in the aggregate, three hundred
thousand dollars, and may issue bonds or notes of the town
therefor which shall bear on their face the words, "Braintree
School Loan, Act of 1949", Each authorized issue shall
constitute a separate loan and such loans shall be paid in
not more than twenty years from their dates. Indebtedness
incurred under this act shall be in excess of the statutory
limit and shall, except as herein provided, be subject to
chapter forty-four of the General Laws, exclusive of the
limitation contained in the first paragraph of section seven
thereof.

Section 2. Action taken under this act at the annual
town meeting held in the current year shall be as effective
as though this act had been in full force and effect at the
time the warrant for said meeting was posted.

Approved March 28, 1949.

Chap. 79 An Act further extending the opportunity to cities

AND TOWNS to BORROW UNDER THE ACT CREATING THE

emergency finance board.

preambled Whevcas, The provisions of law sought to be extended by

this act would, but for this act, shortly cease to be effective,
but the circumstances and conditions which made advisable

Acts, 1949. — Chap. 79. 55

their enactment still continue and it is accordingly desirable
that said provisions continue in effect without interruption;
therefore this act is hereby declared to be an emergency law,
necessary for the immediate preservation of the public
convenience.

Be it enacted, etc., as follows:

Section 1. Chapter 49 of the acts of 1933 is hereby
amended by striking out section 2, as most recently amended
by section 1 of chapter 206 of the acts of 1947, and inserting
in place thereof the following section: — Section 2. The
treasurer of any city or town, if authorized by a two thirds
vote, as defined by section one of chapter forty-four of the
General Laws, and with the approval of the mayor or the
selectmen, may, on behalf of such city or town, petition the
board to approve of its borrowing money from the common-
wealth for ordinary maintenance expenses and revenue loans,
and the board may, if in its judgment the financial affairs
of such city or town warrant, grant its approval to the bor-
rowing as aforesaid of specified sums not at any time exceed-
ing, in the aggregate, the total amount represented by tax
titles taken or purchased by such city or town and held by
it; provided, that such borrowing is made at any time or
times prior to July first, nineteen hundred and fifty-one. In
case of such approval, the treasurer of such city or town shall,
without further vote, issue notes, with interest at such rate
as may be fixed by the treasurer with the approval of the
board, in the amount approved by the board, for purposes
of sale to the commonwealth only, and said notes, upon their
tender to the state treasurer, shall forthwith be purchased
by the commonwealth at the face value thereof. Such notes
shall be payable in not more than one year, and may be re-
newed from time to time, if authorized by the board, but
no renewal note shall be for a period of more than one year,
and the maturity of any loan or renewal shall not be later
than July first, nineteen hundred and fifty-two. Such notes
shall be general obhgations of the city or town issuing the
same, notwithstanding the foregoing provisions. Indebted-
ness incurred by a city or town under authority of this act
shall be outside its limit of indebtedness as fixed by chapter
forty-four of the General Laws. The excess, if any, of the
amount of interest paj'^ments received by the commonwealth
on account of notes issued by cities and towns hereunder
over the cost to the commonwealth for interest on money
borrowed under section five, expenses of the board, including
compensation paid to its appointive members, and expenses
of administration of the funds provided by sections thi-ee
and five shall be distributed to such cities and towns in
November, nineteen hundred and fifty-three, or earher at
the discretion of the board, in the proportion which the
aggregate amounts payable by them on account of interest
on such notes bear to the total amounts so payable by all
cities and towns hereunder.

56 Acts, 1949. — Chaps. 80, 81.

Section 2. Said chapter 49 is hereby further amended
by striking out section 5, as most recently amended by sec-
tion 2 of said chapter 206, and inserting in place thereof the
following section: — Section 5. The state treasurer, with
the approval of the governor and council, may borrow from
time to time, on the credit of the commonwealth, such sums
as may be necessary to provide funds for loans to municipali-
ties as aforesaid, and may issue and renew notes of the com-
monwealth therefor, bearing interest payable at such times
and at such rate as shall be fixed by the state treasurer, with
the approval of the governor and council ; provided, that the
total indebtedness of the commonwealth under this section,
outstanding at any one time, shall not exceed ten million
dollars. Such notes shall be issued for such maximum term
of years as the governor may recommend to the general
court in accordance with section 3 of Article LXII of the
amendments to the constitution of the commonwealth, but
such notes, whether original or renewal, shall be payable
not later than June thirtieth, nineteen hundred and fifty-
four. All notes issued under this section shall be signed by
the state treasurer, approved by the governor and counter-
signed by the comptroller. Approved March 28, 1949.

Chap. 80 An Act providing a penalty for violations of the

LAW regulating THE MAKING OF CERTAIN EXCAVATIONS
in the CITY OF BOSTON.

Be it enacted, etc., as follows:

Section 1. Section 1 of chapter 204 of the acts of 1945
is hereby amended by inserting at the end the following
paragraph : —

Whoever violates any provision of this act or any of the
conditions of a permit issued thereunder, or whoever makes or
permits to be made, or suffers to exist, an excavation in viola-
tion of any provision of this act or of said conditions, shall
be punished by a fine of not more than five hundred dollars.
Each day during any portion of which such violation is al-
lowed to continue shall be considered a separate offence.

Section 2. This act shall take effect upon its passage.

Approved March 28, 1949.

Chap. 81 An Act authorizing the town of Plymouth to appro-
priate money to provide facilities for holding in

SAID TOWN during THE YEAR NINETEEN HUNDRED AND
FIFTY THE STATE CONVENTION OF THE UNITED SPANISH
WAR VETERANS.

Be it enacted, etc., as follows:

Section 1. The town of Plymouth may appropriate a
sum, not exceeding twenty-five hundred dollars, for the
purpose of providing proper facilities for public entertain-
ment at the time of the state convention of the United
Spanish War Veterans, to be held in said town during the
year nineteen hundred and fifty, and of paying expenses

Acts, 1949. — Chap. 82. 57

incidental to such entertainment. Money so appropriated
shall be expended under the direction of the selectmen of
said town.

Section 2. This act shall take effect upon its passage.

Approved March 28, 1949.

An Act relative to sewer assessments in the town Chap. 82

OF ayer. '^

Be it enacted, etc., as follows:

Section 1. Section 1 of chapter 397 of the acts of 1948
is hereby amended by striking out, in line 1, the words
"six months" and inserting in place thereof the words: —
one year, — so as to read as follows : — Sectiori 1 . Within
one year after the passage of this act, the town of Ayer
may by vote determine by which of the methods referred
to or authorized by the provisions of section seven of chap-
ter two hundred and fifty-five of the acts of nineteen hun-
dred and forty-one the remaining portion of the cost of the
system or systems of main drains and common sewers au-
thorized to be constructed or constructed in accordance
with the provisions of said chapter two hundred and fifty-
five, as amended by chapter two hundred of the acts of
nineteen hundred and forty-five, shall be provided for, and
the sewer commissioners of said town may determine the
value of the benefit or advantage to every parcel of real
estate in the town, beyond the general advantage to all real
estate therein, from the construction heretofore of any
sewer, drain or system of sewage disposal or extension of
any existing sewer or drain or from the doing of any other
work authorized by the provisions of said chapter two hun-
dred and fifty-five, or any act in amendment thereof or in
addition thereto, shall cause to be recorded in the registry
of deeds of the district in which said town is situated a
statement of their action with reference to such construc-
tion, which shall specify the public ways in which such
sewer or drain is located, and may assess on every such
parcel a proportionate share of such part, not exceeding
three fourths, as said commissioners shall deem just, of the
expenses incurred by the town for the improvements afore-
said; provided, that no assessment on any parcel of real
estate shall exceed the value of such special benefit to that
parcel, and provided further, that if any real estate deter-
mined to be specially benefited as aforesaid has been alien-
ated between the date of such construction and the date of
passage of this act, said town shall assume the assessments
thereon. Every assessment made hereunder upon any such
parcel, except one assumed by the town as aforesaid, shall
constitute a lien on such parcel from the date of recording
of the statement aforesaid. Except as herein otherwise
provided, the provisions of general law shall apply to such
assessments.

Section 2. This act shall take effect upon its passage.

Approved March 28, 1949.

58 Acts, 1949. — Chaps. 83, 84.

Chap. 83 An Act extending the time within which the town

OF LEVERETT MAY BORROW MONEY FOR SCHOOL PUR-
POSES AND INCREASING THE AMOUNT WHICH MAY BE
SO BORROWED.

Be it enacted, etc., as follows:

Section 1. Section 1 of chapter 152 of the acts of 1947
is hereby amended by striking out, in line 4, the word
''five" and inserting in place thereof the word: — seven, —
and by striliing out, in line 6, the word "sixteen" and in-
serting in place thereof the words : — one hundred and
thirty, — so as to read as follows : — Section 1 . For the
purposes of constructing a consolidated school building
and originally equipping and furnishing the same, the
town of Leverett may borrow from time to time, within
a period of seven years from the passage of this act, such
sums as may be necessary, not exceeding, in the aggregate,
one hundred and thirty thousand dollars, and may issue
bonds or notes therefor, which shall bear on their face the
words, Leverett Consolidated School Loan Act of 1947.
Each authorized issue shall constitute a separate loan,
and such loans shall be paid in not more than twenty years
from their dates. Indebtedness incurred under this act
shall be in excess of the statutory limit, but shall, except
as herein provided, be subject to chapter forty-four of the
General Laws, exclusive of the limitation contained in the
first paragraph of section seven thereof.

Section 2. This act shall take effect upon its passage.

Approved March 28, 1949.

Chap. 84 An Act relative to the board of license commissioners

IN THE CITY OF CAMBRIDGE.

Be it enacted, etc., as follows:

Section 1. Section 1 of chapter 83 of the Special Acts of
1919, as amended by chapter 95 of the acts of 1922, is hereby
further amended by striking out the second paragraph
and inserting in place thereof the following paragraph: —

The authority now or hereafter vested by law in cities
or towns, or in the city of Cambridge or any official thereof,
to grant, issue, record, suspend or revoke any of the licenses
hereinafter mentioned, shall upon its organization be ex-
ercised in said city by said board exclusively, except that
nothing herein contained shall affect the authority of the
state fire marshal in respect to the performance of his duties.
The appointive member of the board shall be chairman
thereof and shall receive such compensation as the city
- council shall determine.

Section 2. This act shall take effect upon its passage.

Approved March 28, 19^9.

Acts, 1949. — Chap. 85. 59

An Act relating to the system of sewerage in the (JJiav. 85

TOWN OF ROCKLAND AND INCREASING THE AMOUNT THAT
SAID TOWN MAY BORROW FOR THE PURPOSE OF CON-
STRUCTING A SYSTEM OF SEWERAGE AND SEWAGE
DISPOSAL.

Be it enacted, etc., as follow s:

Section 1. Chapter 338 of the acts of 1913 is hereby
amended by strikmg out section 6 and inserting in place
thereof the following: — Section 6. The town of Rockland
shall by vote determine what proportion of the cost of snid
system or systems of sewerage and sewage disposal the town
shall pay: provided, that it shall pay not less than one third
nor more than two thirds of the whole cost. In providing
for the payment of the remaining portion of the cost and for
the maintenance and repair of said system or systems the
town may avail itself of any or all of the methods permitted
by general laws, and at the same meeting at which it deter-
mines the proportion of the cost which is to be borne by the
town, it may by its vote determine bj'' which of the methods
permitted by general laws the remaining portion of said cost
shall be provided for. In case it determines that such re-
maining portion of said cost is to be provided for, wholly
or in part, by assessments upon the owners of estates situ-
ated within the territory embraced by said system or systems
and benefited thereby, then the owners of such estates shall
be assessed by said board of sewer commissioners their pro-
portional parts, respectively, of such portion of said cost as
said town shall have determined is to be provided for by
assessment, but no estate shall be deemed to be benefited
until a sewer is constructed into which it can be drained. For
the purpose of fixing the amounts of such assessments the
said board shall determine the value of the special benefit to
each of said estates, respectively, from the said system or
systems of sewers, taking into account all the circumstances
of the case; and the proportionate part to be paid by the
owners of said estates, respectively, shall be based upon the
amount of the special benefit to each estate, determined as
aforesaid; and every such owner shall, within three months
after written notice of such assessment, served on him or on
the occupant of his estate, or sent by mail to the last address
of such owner known to the board of sewer commissioners,
pay the sum so assessed to the collector of taxes of said town :
provided, that said board shall, on the written request of
any such owner made within the said three months, appor-
tion such assessment into ten equal parts or assessments;
and the board shall certify such apportionment to the as-
sessors of the town, and one of said parts or instalments,
with interest from the date of the apportionment at four
per cent per annum, shall be added by the assessors to the
annual tax on such estate for each year next ensuing, until
all the said parts have so been added, unless sooner paid as
hereinafter provided; and provided, further, that nothing

60 Acts, 1949. — Chap. 86.

herein contained shall be construed to prevent the payment
at any time in one payment, notwithstanding its prior ap-
portionment, of any bahince of said assessments then re-
maining unpaid, but interest on such balance at the rate of
four per cent per annimi shall be paid to the date of such
payment, and thereupon the collector of taxes of said town
shall receive the same and shall certify such pajonent or
pajmients to the assessors, who shall preserve a record thereof.
In case of corner lots abutting on more than one sewered
street the same area shall not be assessed more than once.

Section 2. Said chapter 338 is hereby further amended
by striking out section 9 and inserting in place thereof the
following section: — Section 9. The town of Rockland, for
the purpose of paying the necessary expenses and liabilities
incurred under this act, may incur indebtedness to an amount
not exceeding five hundred thousand dollars, and may issue
from time to time therefor bonds or notes; and the debt and
loan authorized by this act and the bonds or notes issued
therefor shall not be reckoned in determining the statutory
limit of indebtedness of the town. Such bonds or notes shall
bear on their face the words, Rockland Sewerage Loan, Acts
of 1913 and 1949, shall be payable within periods not ex-
ceeding thirty years from the respective dates of issue, shall
bear interest, payable semi-annually, at a rate not exceed-
ing four per cent per annum, and shall be signed by the
treasurer of the town and countersigned by a majority of the
selectmen. The town may from time to time sell such se-
curities, or any part thereof, at public or private sale, but
they shall not be sold for less than their par value. The pro-
ceeds shall be retained in the treasury, and the treasurer
shall, upon the order of the board of sewer commissioners,
pay therefrom the expenses incurred for the purposes afore-
said.

Section 3. This act shall take effect upon its passage.

Approved March 28, 1949.

Chap. 86 -^^ ^^'^ AUTHORIZING THE SUBMISSION TO THE VOTERS OF
THE TOWN OF ROCKPORT AT A SPECIAL ELECTION OF A CER-
TAIN QUESTION PERTAINING TO HIGH SCHOOL EDUCATION.

Be it enacted, etc., as follows:

Section 1. At a special election in the town of Rockport,
which the selectmen thereof are hereby authorized and di-
rected to call, there shall be submitted to the voters thereof,
in connection with articles one and two of the warrant for
the special town meeting of March seventh in the current
year, the following question which shall be printed upon the
official ballot to be used at said election: — "Shall the
town request the school committee to send the high school
students of the town to the Gloucester High School for their
high school education?" Said election shall be conducted
in the manner provided by general law for the conduct of
annual meetings for the election of town officers, in so far

Acts, 1949. — Chaps. 87, 88. 61

as applicable to said town. If a majority of the voters of
said town present and voting at said special election vote in
the affirmative upon said question, it shall be deemed and
taken to be the vote of the town whereby its school com-
mittee is requested to send the high school students of the
town to the Gloucester High School for their high school
education.

Section 2. This act shall take effect upon its passage.

Approved March 28, 1949.

An Act relative to further stay of judgment and QJku) ey

EXECUTION IN ACTIONS OF SUMMARY PROCESS.

Whereas, The deferred operation of this act would tend pr^f^biT^
in part to defeat its purpose, which is to provide the courts
with further discretionary authority to prevent serious
hardships in eviction cases arising out of the present severe
housing shortage, therefore it is hereby declared to be an
emergency law, necessary for the immediate preservation
of the public health and convenience.

Re it enacted, etc., as follows:

Section 2 of chapter 43 of the acts of 1946, as most recently
amended by section 2 of chapter 2 of the acts of 1948, is
hereby further amended by striking out, in line 3, the word
"forty-nine" and inserting in place thereof the word: —
fifty, — so as to read as follows : — Section 2. This act
shall become inoperative on March thirty-first, nineteen
hundred and fifty. Approved March 28, 1949.

An Act relative to the method of assessing the amount Qhn^ oc

WHICH THE COMMONWEALTH IS CALLED UPON TO PAY THE ^'

METROPOLITAN TRANSIT AUTHORITY ON ACCOUNT OF A
DEFICIENCY AS OF THE LAST DAY OF DECEMBER, NINETEEN
HUNDRED AND FORTY-EIGHT.

Be it enacted, etc., as follows:

Section 1. Section 13 of chapter 544 of the acts of 1947,
as amended by chapter 344 of the acts of 1948, is hereby
further amended by adding at the end of the sixth paragraph,
as so amended, the following : — ; and provided further,
that any amount which the commonwealth is called upon to
pay the authority on account of a deficiency as of the last
day of December, nineteen hundred and forty-eight, with
interest and other charges incurred in borrowing the money
for the purpose, shall be assessed upon the cities and towns
constituting the authority as provided by section twenty
of chapter fifty-nine of the General Laws, as amended, in
proportion to the amounts paid under the last preceding
assessment under section fourteen of chapter one hundred
and fifty-nine of the Special Acts of nineteen hundred and
eighteen, — so that said paragraph will read as follows: —

62 Acts, 1949. — Chap. 89.

In case the commonwealth shall be called upon to pay the
authority any amount under this section, such amount,
with interest or other charges incurred in borrowing the
money for the purpose, shall be assessed upon the cities and
towns constituting the authoritj'' as provided by section
twenty of chapter fifty-nine of the General Laws, as amended,
in proportion to the number of persons in said cities and
towns using the service of the authority at the time of said
payment, said proportion to be determined and reported to
the state treasurer by the trustees from computations made
in their discretion for the purpose; provided, that if the
commonwealth is called upon to pay the authority an amount
of less than seven hundred and fifty thousand dollars on
account of a deficiency as of the last day of December, nine-
teen hundred and forty-seven, such amount, with interest
and other charges incurred in borrowing the money for the
purpose, shall be assessed upon the cities and towns con-
stituting the authority as provided by section twenty of
chapter fifty-nine of the General Laws, as amended, in pro-
portion to the amounts paid under the last preceding assess-
ment under section fourteen of chapter one hundred and
fifty-nine of the Special Acts of nineteen hundred and
eighteen; and provided further, that any amount which the
commonwealth is called upon to pay the authority on account
of a deficiency as of the last day of Decem.ber, nineteen
hundred and forty-eight, with interest and other charges
incurred in borrowing the money for the purpose, shall be
assessed upon the cities and towns constituting the authority
as provided by section twenty of chapter fifty-nine of the
General Laws, as amended, in proportion to the amounts
paid under the last preceding assessment under section
fourteen of chapter one hundred and fifty-nine of the Special
Acts of nineteen hundred and eighteen.

Section 2. This act shall take effect upon its passage.

Approved March 28, 1949.

Chap. 89 ^^ ^'^^ AUTHORIZING THE CITY OF WALTHAM TO BORROW
MONEY FOR THE PURPOSE OF CONSTRUCTING SEWERS, PUBLIC
BUILDINGS AND BRIDGES.

Be it enacted, etc., as follows:

Section L For the purposes authorized by clauses (1),
(3) and (4) of section seven of chapter forty-four of the
General Laws, the city of Waltham may borrow, from time to
time, within a period of five years from the passage of this
act, such sums as may be necessary, not exceeding, in the
aggregate, one million two hundred and fifty thousand dol-
lars, and may issue bonds or notes therefor which shall bear
on their face the words, "Waltham Capital Improvements
Loan, Act of 1949." Each authorized issue shall constitute
a separate loan, and such loans shall be paid in not more
than twenty years from their dates. Indebtedness incurred

Acts, 1949. — Chap. 90. 63

under this act shall be outside the statutory limit and shall,
except as herein provided, be subject to the provisions of
chapter forty-four of the General Laws, including the limita-
tion contained in the first paragraph of section seven thereof,
which shall be applicable to each of the clauses (1), (3) and
(4) separately.
Section 2. This act shall take effect upon its passage.

Approved March 28, 1949.

An Act authorizing cities and towns to borrow on Qji^'n 90

ACCOUNT OF PUBLIC WELFARE AND VETERANS' BENEFITS. ^'

Whereas, The deferred operation of this act would tend ^^f^j""^
to defeat its purpose, which in part is to make immediately
operative, in view of the existing financial emergency in cer-
tain cities and towns, the provisions of this act authorizing
cities and towns to borrow certain sums during the current
year and the next succeeding year on account of expenses for
public welfare and for aid to veterans, therefore this act is
hereby declared to be an emergency law, necessary for the
preservation of the public convenience.

Be it enacted, etc., as follows:

Section 1. Subject to the provisions of this act, any city
or town, by a two thirds vote as defined in section one of
chapter forty-four of the General Laws, and with the ap-
proval of the mayor or selectmen and of the emergency
finance board established under section one of chapter forty-
nine of the acts of nineteen hundred and thirty-three, may
borrow in each of the years nineteen hundred and forty-nine
and nineteen hundred and fifty, inside its limit of indebted-
ness as prescribed by section ten of said chapter forty-four,
for use only for meeting appropriations made or to be made
for public welfare, including in such term old age assistance
and aid to dependent children, and for veterans' benefits to
an amount not more than one half of one per cent of the
average of the assessors' valuation of its taxable property for
the three preceding years, such valuation to be reduced and
otherwise determined as provided in said section ten of said
chapter forty-four, and may issue bonds or notes therefor,
which shall bear on their face the words (name of city or
town) Municipal Relief Loan, Act of 1949. Each authorized
issue shall constitute a separate loan, and such loans shall be
paid in not more than five years from their dates, as said
board shall fix, and, except as herein provided, shall be sub-
ject to said chapter forty-four, exclusive of the limitation
contained in the first paragraph of section seven thereof.

Loans may be issued hereunder in the year nineteen hun-
dred and forty-nine or nineteen hundred and fifty, as the
case may be, only by a city or town which in such year has
appropriated to be raised by taxation, or appropriated from
available funds for the purposes enumerated in the preced-
ing paragraph, an amount not less than the aggregate of its

M Acts, 1949. — Chap. 90.

expenditures made in the year preceding the year of issue for
old age assistance and aid to dependent children to be met
otherwise than from the proceeds of federal grants, and of
its expenditures made in said preceding year for veterans'
benefits, together with an amount equal to not less than
seventy-five per cent of its expenditures made in said pre-
ceding year for all public welfare purposes other than old age
assistance, aid to dependent children and veterans' benefits,
all as determined by the board.

If a loan under authority of this act has been approved by
said board during the year nineteen hundred and forty-nine
or nineteen hundred and fifty for a city or town, the amount
of any appropriation voted by such city or town for said year
for public welfare, including in such term old age assistance,
aid to dependent children and veterans' benefits, shall not
be reduced during the said year by appropriation, transfer or
otherwise, except with the written approval of the board.
Whenever used in this act, the words "veterans' benefits"
shall include the forms of aid to veterans now or formerly
known as state aid, military aid, soldiers' relief, and soldiers'
burials, or any words or phrases connoting the same.

Section 2. The members of the board aforesaid, when
acting under this act, shall receive from the commonwealth
compensation to the same extent as provided for services
under chapter three hundred and sixty-six of the acts of
nineteen hundred and thirty-three, as amended, including
chapter seventy-four of the acts of nineteen hundred and
forty-five.

Section 3. A loan order voted in any city under au-
thority of this act shall be deemed to be an emergency
order and as such may be passed in such manner as is pro-
vided for emergency orders or ordinances in its charter, and
shall be in full force and effect immediately upon final
favorable action thereon by its city council or chief execu-
tive, as the case may be, or upon the expiration of any period
specified by such charter for the approval or disapproval of
such orders by its chief executive in any case where he fails
to approve or disapprove such an order within such period,
notwithstanding any provision of general or special law or
ordinance to the contrary; provided, that in the city of
Boston such loan orders may be passed in the manner pro-
vided in its charter for loan orders for temporary loans in
anticipation of taxes.

Section 4. In any city a loan order under authority of
this act may be passed by vote of two thirds of all the mem-
bers of the city council, or of each branch thereof where
there are two branches, notwithstanding any provision of
law to the contrary. Approved March 28, 1949.

Acts,, 1949. —Chaps. 91, 92, 93. 65

An Act authorizing the town of Norwood to reim- Qfifu) ^\

BURSE EDWARD o'tOOLE FOR MONEY EXPENDED IN CON- ^'

NECTION with THE CONSTRUCTION OF WATER WORKS IN
SAID TOWN.

Be it enacted f etc., as follows:

Section 1. The town of Norwood is hereby authorized
to appropriate the sum of seven hundred and thirty-nine
dollars and sixty-one cents and pay the same to Edward
'Toole in full settlement of his claim against said town for
reimbursement on account of money expended by said
Edward O'Toole in connection with the construction of
water works in Margaret street, a private way in said town
which has since been accepted as a public way; provided,
that no payment shall be made hereunder unless and until
said Edward O'Toole shall have released to said town by
proper instrument or instruments all right, title and interest
said Edward O'Toole may have in said works.

Section 2. This act shall take effect upon its passage.

Approved March 28, 1949.

An Act authorizing the town of Norwood to reimburse Q^kuj 92
aina s. svibergson for money expended in connec-
tion with the constrt'ction of water works in said

TOWN.

Be it enacted, etc., as follows:

Section 1. The town of Norwood is hereby authorized
to appropriate the sum of one thousand two hundred and
sixty-eight dollars, and pay the same to Aina S. Svibergson
in full settlement of her claim against said town for reim-
bursement on account of money expended by said Aina S.
Svibergson in connection with the construction of water
works in Cambridge road, a private way in said town which
has since been accepted as a public way; provided, that no
payment shall be made hereunder unless and until said
Aina S. Svibergson shall have released to said town by
proper instrument or instruments all right, title and interest
said Aina S. Svibergson may have in said works.

Section 2. This act shall take effect upon its passage.

Approved March 28, 1949.

An Act increasing the amount which the town of nhnj) 93
hingham is authorized to appropriate and contribute ^'

annually toward the cost of maintaining a free
public library in the town of cohasset.

Be it enacted, etc., as follows:

Section 1. Section 1 of chapter 287 of the acts of 1927
is hereby amended by striking out, in line 2, the word "five"
and inserting in place thereof the word : — eight, — so as to

66

Acts, 1949. —Chap. 94.

read as follows : — Section 1 . The town of Hingham may
annually appropriate a sum of money not exceeding eight
hundred dollars and pay the same to the managers of The
Nantasket Library, Inc., which maintains a free public
library in the town of Cohasset, as a contribution by said
town of Hingham toward the cost of maintainmg said library.
Section 2. This act shall take effect upon its passage.

Approved March 28, 1949.

Chap. 94 -^^ ^^'^ RELATIVE TO REGISTRATION OF MOTOR VEHICLES
AND TRAILERS UNDER A GENERAL DISTINGUISHING NUMBER
OR MARK.

Emergency
preamble.

G. L. (Ter.
Ed.), 90, § 6.
etc., amended.

Regiatration
of motor
rehieles, etc.,
under general
distinguishing
mark or
number.

Whereas, The deferred operation of this act would tend
to defeat its purpose, which in part is to make its provisions
apply without delay to the registration of certain motor
vehicles and trailers under a general distinguishing number
or mark, therefore it is hereby declared to be an emergency
law, necessary for the immediate preservation of the public
convenience.

Be it enacted, etc., as follows:

Chapter 90 of the General Laws is hereby amended by
striking out section 5, as most recently amended by section
6 of chapter 511 of the acts of 1948, and inserting in place
thereof the following section : — Section 5. Every manu-
facturer, dealer, repairman, owner-repairman and trans-
porter, instead of registering each motor vehicle or trailer
owned or controlled by him, may make application for a
general distinguishing number or mark, and the registrar,
if satisfied of the facts stated in the application, may issue
to the applicant a certificate of registration containing the
name and business address of the applicant and the general
distinguishing number or mark assigned to him, and made
in such form and containing such further information as the
registrar may determine. All motor vehicles or trailers
owned or controlled by such manufacturer, dealer or repair-
man shall be regarded as registered under the general dis-
tinguishing number or mark assigned to him until sold, or
let for hire, or loaned for a period of more than five suc-
cessive days, and all motor vehicles or trailers owned by
such ov^mer-repairman which are in the process of being
repaired, altered, equipped or transferred from one location
to another and which are not being used during such time
in the operation of the principal business of said owner-
repairman shall be regarded as registered under the general
distinguishing number or mark assigned to him., and all
motor vehicles which are under the control of but not owned
by such transporter while being delivered by him under
their own power shall be regarded as registered under the
general distinguishing number or mark assigTied to him;
provided, that number plates, furnished as hereinafter
provided, are properly displayed thereon. The registrar

Acts, 1949. — Chaps. 95, 96. 67

shall, upon payment of the fee provided in section thirty-
three, furnish at his office to every manufacturer, dealer,
repairman, owner-repairman and transporter whose vehicles
are registered in accordance with this section, such number
of pairs of number plates as he may request in writing of
suitable design having displayed upon them the register
number which is assigned to the vehicles of such manu-
facturer, dealer, repairman, owner-repairman or transporter,
with a different letter or letters or mark on each pair of
number plates, and, in addition, the registrar shall furnish
to every transporter with each pair of number plates a
corresponding certificate of registration. Number plates
furnished hereunder shall, except as provided by section
nine, be valid only for the year for which they are issued.
Every registration under this section shall expire at mid-
night on December thirty-first of each year. The word
"dealer", for the purposes of the registration of motor
vehicles or trailers under any provision of this chapter, may
include, in the discretion of the registrar, a person who is
engaged in the business of financing the purchase of or
insuring motor vehicles, but only in respect to such vehicles
as such person may take in possession by foreclosure or
subrogation of title and all the provisions of this chapter
relating to certificates of registration of dealers shall apply
to certificates issued to such a person under this provision.

Approved March 28, 1949.

An Act increasing the amount which the town of nhnr) 9'S

HULL is authorized TO APPROPRIATE AND CONTRIBUTE ^'

annually toward THE COST OF MAINTAINING A FREE
PUBLIC LIBRARY IN THE TOWN OF COHASSET.

Be it enacted, etc., as follows:

Section 1. Section 1 of chapter 6 of the acts of 1928 is
hereby amended by striking out, in line 2, the word "five"
and inserting in place thereof the word : — eight, — so
as to read as follows : — Section 1 . The town of Hull may
annually appropriate a sum of money not exceeding eight
hundred dollars and pay the same to the managers of The
Nantasket Library, Inc., which maintains a free public
library in the town of Cohasset, as a contribution by said
town of Hull toward the cost of maintaining said library.

Section 2. This act shall take effect upon its passage.

Approved March 28, 1949.

An Act authorizing the town of Bedford to borrow nfin'n Qg

MONEY for school PURPOSES. ^'

Be it enacted, etc., as follows:

Section 1. For the purpose of constructing a school
building, or constructing an addition to an existing school
building, and of originally equipping and furnishing the
same, the town of Bedford may borrow from time to time,

68 Acts, 1949. — Chaps. 97, 98, 99.

within a period of five years from the passage of this act,
such sums as may be necessary, not exceeding, in the aggre-
gate, two hundred thousand dollars, and may issue bonds
or notes therefor, which shall bear on their face the words,
Bedford School Building Loan, Act of 1949. Each authorized
issue shall constitute a separate loan, and such loans shall
be paid in not more than twenty years from their dates.
Indebtedness incurred under this act shall be in excess of
the statutory limit, but shall, except as herein provided,
be subject to chapter forty-four of the General Laws, ex-
clusive of the limitation contained in the first paragraph
of section seven thereof.

Section 2. This act shall take effect upon its passage.

Approved March 28, 1949.

Chap. 97 An Act revoking the authority of the department

OF PUBLIC UTILITIES TO REVISE THE TERMS OF CERTIFI-
CATES GRANTED FOR THE OPERATION OF MOTOR VEHICLES
FOR THE CARRIAGE OF PERSONS FOR HIRE OVER ROUTES
BETWEEN THE CITY OF BOSTON AND THE TOWN OF HANCOCK.

Be it enacted, etc., as follows:

Section 1 of chapter 490 of the acts of 1946 is hereby
amended by striking out, in lines 52 and 53, the words: —
except after public hearing and notice as provided in section
two. Approved March 28, 1949.

Chap. 98 An Act to authorize cities and towns to prohibit

OR REGULATE THE REMOVAL OF SOIL, LOAM, SAND OR
GRAVEL.

Be it enacted, etc., as folloivs:

Edo,' 40.^1 21, Section 21 of chapter 40 of the General Laws, as amended
etcamenderi'. by sectiou 1 of chapter 346 of the acts of 1941, is hereby
further amended by adding at the end the following para-
graph : —
ioam?Ia!id[ (1^) For prohibiting or regulating the removal of soil,

?*h",'^r' loam, sand or gravel from land not in public use in the whole

or in specified districts of the town.

Approved March 28, 1949.

Chap. 99 An Act requiring the teaching of the Lithuanian

LANGUAGE IN PUBLIC SCHOOLS IN CERTAIN CASES.

Be it enacted, etc., as follows:

Ed)'"??"' Chapter 71 of the General Laws is hereby amended by

aew '§ 13E. inserting after section 13D, inserted by chapter 205 of the
"t^^v' K 1 acts of 1948, the following section: — Section 13E. In every

Public schools iTi-ii 11 . 1 ,1 L 11 1

may teach public high school haviug uot Icss than one nunclrea and

languagr^ fifty pupils, the Lithuanian language shall be taught upon

certain cases, ^hc Written rcquGst of the parents or guardians of not less

than twenty-five pupils and the enrolment of not less than

Acts, 1949. —Chaps. 100, 101, 102. 69

twenty-five properly qualified pupils; provided, that said
request is made, and said enrolment is completed, before the
preceding August first. Approved March 28, 1949.

An Act authorizing the town of stoughton to in- pi ^^./^

DEMNIFY ROY W. MALCOLM, AN EMPLOYEE OP SAID TOWN, ^""P-AUU
FOR DAMAGES INCURRED BY REASON OF AN EXECUTION
ISSUED IN AN ACTION AT LAW BROUGHT AGAINST HIM.

Be it enacted, etc., as folloios:

Section 1. For the purpose of discharging a moral
obligation, the town of Stoughton is hereby authorized to
appropriate and pay to Roy W. Malcolm the sum of two
thousand and fifty-six dollars and thirty-eight cents to in-
demnify him for damages incurred by reason of an execution
issued in an action at law brought against him, as an indi-
Andual, in the superior court for the county of Norfolk, to
recover damages arising out of the performance of his duties
in operating a motor truck owned by said town.

Section 2. Action taken under authority of this act
at the annual town meeting in the current year shall be valid
and effective as though this act had been in full force and
effect at the time at which the warrant for said meeting was
posted. Approved March 28, 1949.

An Act providing a forty hour w^ork week for fore- nij^^ iai

MEN EMPLOYED BY THE CITY OF LAWRENCE. f*. U

Be it enacted, etc., as follows:

Section 1. Notwithstanding the provisions of any gen-
eral or special law, the service of all persons employed bj'-
the city of Lawrence as foremen shall be restricted to forty
hours in any one week; provided, that the service of such
foremen in excess of forty hours in any one week may be
authorized by the officer of the city or other person whose
duty it is to employ, direct or control such foremen, and
such additional service shall be compensated for as over-
time. The compensation now payable to such foremen
shall not be reduced by reason of the provisions of this act.

Section 2. This act shall take efTect upon its acceptance
by the city council of the city of Lawrence, subject to the
provisions of its charter, but not otherwise.

Approved March 28, 1949.

An Act increasing the amount of money which may phn^ ino
be borrowed by the manchaug water district of ^'

sutton and the time during which the act estab-
lishing such district may be accepted.

Be it enacted, etc., as folloios:

Section L Section 4 of chapter 179 of the acts of 1937
is hereby amended by striking out, in line 5, the word
"seventy-five" and inserting in place thereof the words: —

70 Acts, 1949. — Chap. 103.

one hundred and twenty-five, — so as to read as follows:
— Section 4- For the purpose of paying the necessary ex-
penses and liabilities incurred under this act, other than
expenses of maintenance and operation, the district may
borrow from time to time such sums as may be necessary,
not exceeding, in the aggregate, one hundred and twenty-
five thousand dollars, and may issue bonds or notes therefor,
which shall bear on their face the words, Manchaug Water
District of Sutton Loan, Act of 1937. Each authorized
issue shall constitute a separate loan, and such loans shall
be payable in not more than thirty years from their dates.
Indebtedness incurred under this act shall be subject to the
provisions of chapter forty-four of the General Laws, per-
taining to such districts.

Section 2. Section 14 of said chapter 179 is hereby
amended by striking out, in line 4, the word "three" and
inserting in place thereof the word : — fifteen, — so as to
read as follows: — Section 14- This act shall take full
effect upon its acceptance by a majority vote of the voters
of the district present and voting thereon at a district meet-
ing called, in accordance with the provisions of section eight,
within fifteen years after its passage; but the number of
meetings so called in any one year shall not exceed three.

Approved March 28, 1949.

Chap. lOS An Act authorizing the county commissioners of essex

COUNTY TO ERECT AND EQUIP CERTAIN BUILDINGS AT THE
ESSEX COUNTY TUBERCULOSIS HOSPITAL.

Be it enacted, etc., as follows:

Section 1. In addition to the amounts authorized under
chapter two hundred and twenty-seven of the acts of nine-
teen hundred and forty-six and chapter two hundred and
seventy-seven of the acts of nineteen hundred and forty-
seven, the county commissioners of Essex county are hereby
authorized to raise and expend a sum not exceeding two
hundred and fifty thousand dollars for the purpose of pro-
viding new buildings, additions and improvements at the
Essex county tuberculosis hospital as follows : — nurses'
home, suitable living accommodations for doctors; new
bakery and equipment; together with all necessary equip-
ment therefor; and such other additions or improvements
as may be deemed necessary. All sums, if any, received
from the federal government for the purpose of this act,
shall be included in, and considered as a part of, the total
amount authorized to be expended hereunder.

Section 2. The county commissioners of said county,
with the consent of the governor, shall take any and all
steps necessary from time to time to enable Essex county
to secure for said purposes any federal grant or subsidy.

Section 3. To provide funds for the new buildings,
additions, improvements and equipment hereinbefore au-
thorized, the treasurer of Essex county, with the approval

Acts, 1949. —Chap. 104. 71

of the county commissioners, may borrow from time to
time on the credit of the county such sums, not exceeding,
in the aggregate, two hundred and fifty thousand dollars, as
may be necessary, and may issue bonds or notes therefor,
which shall bear on their face the words, Essex County
Tuberculosis Hospital Loan, Act of 1949. Each authorized
issue shall constitute a separate loan and such loans shall
be payable in not more than twenty years from their dates.
Such bonds or notes shall be signed by the treasurer of said
county and countersigned by a majority of said county
commissioners. Said county maj'' sell said securities at pub-
lic or private sale upon such terms and conditions as said
county commissioners may deem proper, but not for less
than their par value. Indebtedness incurred under this act
shall, except as herein provided, be subject to chapter
thirty-five of the General Laws. Any sums received from
the federal government for the purposes of this act may be
applied toward payment either of the expenditures author-
ized by section one of this act or of the principal of the
bonds or notes hereby authorized. All sums necessary to
meet interest payments on notes or bonds issued under this
act and payments on account of principal as the same mature
shall be assessed upon the cities and towns constituting the
hospital district in the same proportion and together with
other assessments made under section eighty-five of chapter
one hundred and eleven of the General Laws.

Section 4. This act shall take full effect upon its ac-
ceptance, prior to December thirty-first of the current year,
by the county commissioners of the county of Essex, but
not otherwise. Approved March 28, 1949.

An Act relative to tpie assessment of fire, water and (Jhnjj i qa

IMPROVEMENT DISTRICT TAXES. ^'

Be it enacted, etc., as follows:

Section 1 . Section 23 of chapter 59 of the General Laws, g. l. (Ter.
as most recently amended by chapter 576 of the acts of ftll'amendS'
1948, is hereby further amended by adding at the end the
following paragraph : —

Notwithstanding the provisions of any general or special Application of
law, the provisions of this section, so far as apt, shall apply thrs^'^tbn"
to fire, water and improvement districts.

Section 2. Section 25 of said chapter 59, as appearing in g. l. (Ter.
the Tercentenary Edition, is hereby amended by adding at amended*^'"''
the end the following: — This section shall apply to fire, Application
water and improvement districts. "' section.

Approved March 28, 1949.

72 Acts, 1949. ~ Chaps. 105, 106, 107.

Ch^p. 105 An Act requiring the clerk or recording officer of

CERTAIN corporations TO BE A RESIDENT OF THE COM-
MONWEALTH.

Be it enacted, etc., as follows:

FA)' iJ""§ ti Section 6 of chapter 155 of the General Laws, as appearing
amended.' ' in the Tercentenary Edition, is hereby amended by adding
Clerk rauat at the end the follovdng sentence: — The clerk, or recording
be a resident. Qfj^ggj. ^j^]^ ^}^g powcrs of clcrk, shall be a resident of the com-
monwealth and shall be sworn.

Approved March 28, 191^9.

Chap. 106 An Act authorizing the city of salem to sell and

CONVEY CERTAIN PARK PROPERTY.

Be it enacted, etc., as follows:

Section 1. The city of Salem by its mayor, if so author-
ized by the city council, may sell and convey, free and clear
from any obligation to use tlie same for park purposes or any
other public purpose, if in other respects the city has or ob-
tains a clear title thereto, a certain parcel of land situated
on the southerly side of Fort avenue, now under control of
the park department, and described as follows : —

Said parcel being twenty-five feet in width and extending
from Blockhouse square easterly to Winter Island road, as
shown on a plan entitled "Topographical Survey of Land
Public Park at Salem Willows 1896 Scale 40 feet to an inch
Charles A. Metcalf, Engineer and Surveyor," said plan being
on file in the office of the city engineer.

The proceeds of any such sale or sales shall be paid into
the treasury of said city and shall be subject to appropria-
tion for any purpose or purposes for which said city is au-
thorized to incur debt for a period of ten years or more.

Section 2. This act shall take full effect when, after
recommendation by the board of park commissioners of the
city of Salem, it is accepted by the city council of said city,
.subject to the provisions of its charter, during the current
year. Approved March 28, 1949.

Chap. 107 An Act establishing the west barnstable fire district.

Be it enacted, etc., as follows:

Section 1. The inhabitants of the town of Barnstable
liable to taxation in said town and residing within the terri-
tory known as precinct two, as described in the records of
the town clerk of said town, and as shown by a map now on
file in the office of the selectmen thereof, shall constitute a
fire district, and are hereby made a body corporate by the
name of West Barnstable Fire District; and said corpora-
tion, except as herein otherwise provided, shall have all the
powers and be subject to all the duties and liabilities set
forth in all general laws now or hereafter in force relating to
fire districts.

Acts, 1949. — Chap. 108. 73

Section 2. The said district may make contracts for the
purchase of engines and other apparatus and articles neces-
sary for the extinguishment of fires, for hydrants and water
service, and for any other thing that may lawfully be done
by said district.

Section 3. Said district may, at meetings called for the
purpose, raise money by taxation for any of the purposes for
which fire districts may, under general laws now or here-
after in force, raise money, and for all other purposes neces-
sary or proper under the provisions of this act.

Section 4. The first meeting of said district shall be
called on petition of five or more legal voters therein by war-
rant from the selectmen of the town of Barnstable, or from
a justice of the peace directed to one of the petitioners re-
quiring him to give notice of the meeting by posting copies
of said warrant in two or more public places in said district
seven days at least before the time of the meeting. One of
the petitioners shall preside at the meeting until a clerk is
chosen and sworn, and the clerk shall preside until a modera-
tor is chosen. The meeting may then proceed to act on the
other articles contained in the warrant.

Section 5. This act shall take effect upon its acceptance
by a majority of the legal voters of said district present and
voting at a meeting called for that purpose in accordance
with the provisions of section four of this act, within six
years after the passage of this act. If voted upon and not
accepted, it may be resubmitted at subsequent district
meetings, legally called for the purpose; provided, that it
shall not be voted upon by the district more than three
times in any one year. Approved March 28, 1949.

An Act authorizing george w. buck, tax collector

OF the town of WILMINGTON, TO BECOME A MEMBER OF
THE CONTRIBUTORY RETIREMENT SYSTEM OF SAID TOWN,
AND MAKING HIM ELIGIBLE FOR CERTAIN RETIREMENT
BENEFITS THERE 1;NDER.

Be it enacted, etc., as follows:

Section 1. George W. Buck, tax collector of the town
of Wilmington, may become a member of the contributory
retirement system of said town, notwithstanding any pro-
vision of law governing said retirement system that makes
him ineligible for membership therein. Upon becoming such
member, he shall be entitled to all the rights and privileges
of members of said system which he would have enjoyed if
he had become a member of the system on the date when
said system became operative in said town; provided, that
he first deposits in the annuity fund of said system such
amount as the board of retirement under said system may
determine in order to establish an account for him in said
annuity fund in an amount equal to that which it would be
if he had been a member of said system since said date.

Chap.108

74 Acts, 1949. — Chaps. 109, 110.

Section 2. This act shall take full effect upon its ac-
ceptance by vote of a majority of the voters of the town of
Wilmington voting thereon at a regular or special town
meeting called for the purpose, but not otherwise.

Approved March 28, 1949.

ChaV'109 ^'^ ^^"^ RELATIVE TO POLLING HOURS IN CITIES.

Be it enacted, etc., as follows:

G. L. (Ter. SECTION 1. Sectiou 43 of chapter 53 of the General

Sc."!'am4ndtd. Laws, as most recently amended by chapter 201 of the acts
of 1937, is hereby further amended by striking out, in line 2,
the word "nine" and inserting in place thereof the word: —
When poUs ten, — so as to read as follows : — Section 43. The polls
^^rimartes" at every primary shall be open during such hours, not less
than ten in cities or two in towns, as may be designated
by the aldermen in cities, and in towns by by-law or vote,
or, in default of such by-law or vote, by the selectmen. The
polls shall in no case be kept open after eight o'clock in the
evening.
EdV' 54^i64 Section 2. Section 64 of chapter 54 of the General Laws,
etc!, 'amended, as amended by section 5 of chapter 39 of the acts of 1934,
is hereby further amended by striking out the third para-
graph, as appearing in the Tercentenary Edition, and in-
serting in place thereof the following paragraph : —
Timeofkeepine jj^ citics, the polls may be opened as early as fifteen
^ies*"'*""' minutes before six o'clock in the forenoon, and shall be
opened as early as ten o'clock in the forenoon and shall be
kept open at least ten hours. Approved March 28, 1949.

Chap. 110 An Act relative to the construction and mainte-
nance OF certain buildings on boston common.

Be it enacted, etc., as follows:

Section 1. Notwithstanding any special or general
law to the contrary, the city of Boston, acting by and through
its board of park commissioners, may construct or cause or
permit to be constructed, and may maintain, on Boston
Common, a sanitary for women and children occupying
an area not in excess of twelve hundred square feet near
the children's playland, so called, and a combination locker
room with showers and sanitary for men occupying an area
not in excess of eighteen hundred square feet near the ball
field.

Section 2. This act shall take full effect upon its ac-
ceptance by vote of the city council of said city, subject
to the provisions of its charter, but not otherwise.

Approved March 28, 1949.

Acts, 1949. — Chaps. Ill, 112, 113. 75

An Act authorizing the placing of the office of QfiQ/n W\

DIRECTOR OF REHABILITATION OF THE CITY OF MALDEN
UNDER THE CIVIL SERVICE LAWS.

Be it enacted, etc., as follows:

Section 1. The office of director of rehabilitation of
the city of Maiden shall, upon the effective date of this act,
become subject to the civil service laws and regulations
made thereunder, and the tenure of office of the incumbent
thereof shall be unlimited, subject, however, to said laws,
but the present incumbent of said office may continue to
serve therein only until the expiration of his term of office
unless prior thereto he passes a qualifying examination to
which he shall be subjected by the division of civil service.

Section 2. This act shall take full effect upon its accept-
ance, during the current year, by vote of the city council of
said city, subject to the provisions of its charter, but not
otherwise. Approved March 28, 1949.

An Act combining the offices of tree warden and Q}iQ/n \\2

MOTH superintendent IN THE TOWN OF WATERTOWN.

Be it enacted, etc., as follows:

Section 1. The offices of tree warden and moth super-
intendent in the town of Watertown are hereby combined
and the powers and duties pertaining to said offices shall,
after the acceptance of this act, be exercised and performed
by the tree warden. All laws from time to time in force
relating to tree wardens and moth superintendents, and
not inconsistent with the provisions of this act, shall apply
to the office of tree warden in said town.

Section 2. This act shall take full effect upon its accept-
ance by a majority of the registered voters of the town of
Watertown voting thereon at a regular or special town
meeting called for the purpose, but not otherwise.

Approved March 28, 1949.

An Act to authorize the town of holden to borrow QfiQ/n 113
money for school purposes.

Be it enacted, etc., as follows:

Section 1. For the purpose of constructing an addition
to the Chaffins school, and for new school buildings adjacent
to and connected with the Jefferson and Rice schools, and
for originally equipping and furnishing said addition and
new buildings, the town of Holden may borrow, from time
to time, witliin a period of five years from the passage of
this act, such sums of money as may be necessary, not ex-
ceeding, in the aggregate, four hundred thousand dollars,
and may issue bonds or notes therefor which shall bear on
their face the words "Holden School Loan, Act of 1949".
Each authorized issue shall constitute a separate loan, and

76 Acts, 1949. —Chaps. 114, 115.

such loans shall be paid in not more than twenty years from
their dates. Indebtedness incurred under this act shall be
in excess of the statutory limit, but shall, except as pro-
vided herein, be subject to the provisions of chapter forty-
four of the General Laws, exclusive of the limitation con-
tained in the first paragraph of section seven thereof.
Section 2. This act shall take effect upon its passage.

Approved March 30, 1949.

Chav.ll4i An Act authokizing the city of salem to sell certain

LAND HELD BY IT FOR PARK PURPOSES.

Be it enacted, etc., as follows:

Section 1. The city of Salem, by its mayor when so
authorized by the city council, may sell and convey free and
clear from any obligation to use the same for park purposes
or any other public purposes, a certain parcel of land situ-
ated in the Forest river area, so called, in said city, and more
particularly bounded and described as follows: — westerly
by land of Kimball, Lavoie, Poitras, Lamprey and Raymond
about two hundred and eighty feet; northerly by land of
Odell and Clifton avenue about twenty-seven feet; and
easterly by Forest River park on various courses about three
hundred and twenty feet ; provided, that said parcel of land
shall not be sold within one year after the effective date of
this act otherwise than to an owner of land abutting on said
parcel unless each of such owners shall have filed with the
city clerk of said city a certificate stating that such owner
waives such right of purchase; and, provided, further, that
the land so sold shall be used exclusively for residential
purposes.

Section 2. This act shall take full effect when, after
recommendation by the board of park commissioners of the
city of Salem, it is accepted by the city council of said city,
subject to the provisions of its charter, during the current
year. Approved March SO, 1949.

Chap, 116 An Act relative to court records of cases involving

VIOLATIONS OF AERONAUTICAL LAWS, RULES AND REGU-
LATIONS.

Be it enacted, etc., as follows:

G. L. (Ter. SECTION L Chapter 90 of the General Laws is hereby

new J 49A, amended by inserting after section 49 the following section : —
cf*^ m d Section 49 A . A full record shall be kept by every court and

abstracts of trial justicc of cvcry case in which a person is charged with a
of'^ktloM^ violation of any provision of sections thirty-five to fifty-two,
of aeronautical inclusive, of this chapter, or of the rules and regulations for
kept by com- the enforcement of said sections made by the commission,
^uburre^c^ords. ^r of airport approach regulations made by a city or town
under section forty A, and an abstract of such record shall be
sent forthwith by the court or trial justice to the commission.

Acts, 1949. — Chaps. 116, 117. 77

Said abstracts shall be made upon forms prepared by the
commission, and shall include all necessary information as
to the parties to the case, the nature of the offence, the date
of the hearing, the plea, the judgment and the result; and
every such abstract shall be certified by the clerk of the court
or by the trial justice as a true abstract of the record of the
court. The commission shall keep such records in its oflfice,
and they shall be open to the inspection of any person during
reasonable business hours.

Section 2. Section 27 of said chapter 90, as appearing in g. l. (Ter.
the Tercentenary Edition, is hereby amended by inserting f^eni^d.* ^''
after the word "chapter", in line 3, the words: — relating
to motor vehicles. Approved March 30, 1949.

An Act relative to the tenure of office of the present Qhnr) 116

CITY messenger OF SOMERVILLE. ^'

Be it enacted, etc., as follows:

Section 1 . The present city messenger of Somerville shall
hold office continuously during good behavior unless in-
capacitated by physical or mental disability from perform-
ing the duties of the office; provided, however, that the
board of aldermen may, subject to the provisions of law gov-
erning the removal of civil sei-vice employees, remove him.
Any appointment to said office made subsequent to the effec-
tive date of this act shall be made subject to the provisions
of the charter of said city.

Section 2. This act shall take effect upon its acceptance
by the board of aldermen of the city of Somerville with the
approval of the mayor, provided that such acceptance and
approval occur before January first, nineteen hundred and
fifty. Approved March SO, 1949.

An Act relative to appropriations for school pur-
poses IN THE city of BOSTON.

Be it enacted, etc., as follows:

Section 1. Chapter 224 of the acts of 1936 is hereby
amended by striking out section 2, as amended by section 1
of chapter 167 of the acts of 1948, and inserting in place
thereof the following section : — Section 2. The school
committee of the city of Boston may annually, beginning
with the financial year nineteen hundred and forty-nine, by
vote of four fifths of all its members, taken by yeas and nays,
make appropriations to be raised by taxation as follows : —

(a) For the construction and furnishing of new school
buildings, both temporary and permanent, including the
taking of land therefor, and for school yards and the pre-
paring of school yards for use, and for rent of hired school
accommodations, a sum which shall not exceed fifty cents
on each one thousand dollars of the average of the assessors'
valuations for the three preceding years, such valuations

ChavAVl

78 Acts, 1949. — Chap. 118.

being reduced by abatements granted up to December
thirty-first of the preceding year;

(6) For the alteration and repair of school buildings and
for furniture, fixtures, and means of escape in case of fire,
and for fire protection of existing buildings, and for improv-
ing existing school yards, a sum which shall not exceed one
dollar and seventy cents on each one thousand dollars of the
average of the assessors' valuations for the three preceding
years, such valuations being reduced by abatements granted
up to December thirty-first of the preceding year; and

(c) For all other school purposes, the sum of nineteen
million nine hundred and seventy- five thousand dollars.

Unexpended appropriation balances may be reappropriated
for their respective purposes; and, in addition to the sum
specified in clause (c), an amount equal to the money that
may be given, and the income collected, for school purposes,
as estimated by said committee, may be appropriated for the
purposes of clause (c). Nothing in this section shall be
construed as authorizing said school committee to appro-
priate sums distributed or distributable under chapter
seventy of the General Laws, which sums constitute general
revenues of said city.

Nothing in this section shall prevent the mayor, on request
of the school committee, from recommending and the city
council from passing additional appropriations for school
purposes.

Section 2. Section 2 of chapter 224 of the acts of 1936,
as amended by section 1 of this act, is hereby further amended
by striking out, in the first sentence, clause (c) and inserting
in place thereof the following clause : —

(c) For all other school purposes, the sum of twenty-one
million two hundred thousand dollars.

Section 3. So much of section five of chapter two
hundred and forty-one of the acts of eighteen hundred
and seventy-five, as amended, as provides that the salaries
of teachers in the public schools of said city shall not be
increased during a school year, shall not be operative in
the current school year with respect to any salary increase
which is to take effect on or after July first in the current
year.

Section 4. This section and sections one and three of
this act shall take effect upon the passage of this act. Section
two of this act shall take effect on January first, nineteen
hundred and fifty. Approved April 4, 1949.

ChapAlS An Act making certain laws affecting veterans

AND THEIR ORGANIZATIONS APPLICABLE TO THE FRANCO-
AMERICAN WAR VETERANS, INC.

E™«2go«y Whereas, The deferred operation of this act would tend

praam . ^^ defeat its purpose, which in part is to make the benefits

provided thereby available without delay to the veterans'

organization referred to therein, therefore it is hereby

Acts, 1949. —Chap. 119. 79

declared to be an emergency law, necessary for the immediate
preservation of the public convenience.

Be it enacted, etc., as follows:

Section 1. Section 49 of chapter 33 of the General Ed)''3J^§4P
Laws, as most recently amended by chapter 171 of the acts etc.. 'amended.
of 1948, is hereby further amended by striking out, in lines
35 and 36, the words "La Legion Franco-Americaine des
Etats-Unis d'Amerique" and inserting in place thereof the
words: — Franco- American War Veterans, Inc.

Section 2. Clause (12) of section 5 of chapter 40 of the g. l. (Ter.
General Laws, as most recently amended by section 1 of §5,cl°(i2),
chapter 445 of the acts of 1948, is hereby further amended ^tc, amended,
by striking out, in lines 22 and 23, as appearing in section 2
of chapter 468 of the acts of 1947, the words "La Legion
Franco-Americaine des Etats-Unis d'Amerique" and in-
serting in place thereof the words : — Franco- American
War Veterans, Inc.

Section 3. The first paragraph of section 9 of said g^)'' 40^59
chapter 40, as most recently amended by chapter 671 of etc.". 'amended.
the acts of 1947, is hereby further amended by striking out,
in line 9, the words "La Legion Franco-Americaine des
Etats-Unis d'Amerique" and inserting in place thereof the
words: — Franco-American War Veterans, Inc.

Section 4. Section 70 of chapter 266 of the General Edx'iee.Vo.
Laws, as most recentl}^ amended by section 2 of chapter etc, 'amended.'
445 of the acts of 1948, is hereby further amended by strik-
ing out, in lines 14 and 15, as appearing in section 4 of
chapter 468 of the acts of 1947, the words "La Legion
Franco-Americaine des Etats-Unis d'Amerique" and in-
serting in place thereof the words : — Franco- American
War Veterans, Inc. Approved April 4, 1949.

An Act authorizing the town of swampscott to pro- (J^q^j) wg

VIDE A SCHOLARSHIP FUND FOR GRADUATES OF THE HIGH ^'

SCHOOL OF SAID TOWN.

Be it enacted, etc., as follows:

Section 1. The town of Swampscott is hereby author-
ized to raise and appropriate the sum of ten thousand dollars
to provide a scholarship fund the income of which may be
used for the higher education of graduates of the high school
of said town living therein, and said fund shall be dedicated
as a memorial to veterans of World War IL

Section 2. Said town is hereby further authorized to
provide, by vote of the town, for the election by the voters
or the appointment by its selectmen of a board of trustees,
consisting of such number of members as the town shall by
vote determine, to administer said fund, which shall be held
in the custody of the town treasurer, together with any con-
tributions thereto from private sources, which contributions
the town, or said trustees in its behalf, may from time to
time receive. The town by vote may fix the terms of office

80 Acts, 1949. —Chaps. 120, 121.

of said trustees, and make other provisions in respect to the
administering of said fund not inconsistent with the pro-
visions of this act.

Section 3. Action taken under authority of this act at
the annual town meeting in the current year shall be as
effective as though it had been in full force and effect on the
date on which the warrant for said meeting was posted.

Section 4. This act shall take effect upon its passage.

Approved April 4, 1949.

Chap. 120 ^N Act authorizing the city of beverlv to borrow

MONEY FOR SCHOOL PURPOSES.

Be it enacted, etc., as follows:

Section 1. For the purpose of constructing and origi-
nally equipping and furnishing an addition to the present
junior high school building, the city of Beverly may borrow,
from time to time, within a period of five years from the
passage of this act, such sums as may be necessary, not ex-
ceeding in the aggregate five hundred thousand dollars, and
may issue bonds or notes of the city therefor which shall
bear on their face the words, "Beverly School Loan, Act of
1949". Each authorized issue shall constitute a separate
loan and such loans shall be paid in not more than twenty
years from their dates. Indebtedness incurred under this
act shall be in excess of the statutory limit and shall, except
as provided herein, be subject to chapter forty-four of the
General Laws exclusive of the limitation contained in the
first paragraph of section seven thereof.

Section 2. This act shall take effect upon its passage.

Approved April 4, 1949.

Chap. 121 •'^N Act relative to the debt of the raynham center

water district.

Be it enacted, etc., as follows:

Section 1. The Raynham Center Water District in
the town of Raynham is hereby authorized to renew a tem-
porary loan issued December third, nineteen hundred and
forty-seven under authority of section seventeen of chapter
forty-four of the General Laws, for a period of not more than
one year from December first, nineteen hundred and forty-
eight. Indebtedness incurred under authority of chapter
two hundred and twenty-two of the acts of nineteen hun-
dred and forty-seven, as amended by chapter one hundred
and ninety-three of the acts of nineteen hundred and forty-
eight, shall be payable in not more than thirty years from
December first, nineteen hundred and forty-eight and except
as authorized by this act shall be subject to the provisions
of said chapter forty-four pertaining to districts.

Section 2, This act shaU take effect upon its passage.

Approved April 4, 1949.

Acts, 1949. — Chaps. 122, 123, 124. 81

An Act authorizing the town of essex to supply water Qfidj) J22

TO THE TOWN OF HAMILTON.

Be it enacted, etc., as follows:

Section 1. The town of Essex may furnish and sell water
to the town of Hamilton which is hereby authorized to pur-
chase water so sold. Water so furnished and sold shall be
at a rate or rates to be mutually agreed upon between said
towns acting by their respective boards of water commis-
sioners. In case of sale, the town of Essex shall deliver the
water at the boundary line between it and the town of
Hamilton, or at a point as conveniently near as may be
agreed upon, and either town may, at its own expense, make
such extension of its water mains and such installation of
other facilities and equipment within the limits of the other
town as may be necessary for the purposes of this act; pro-
vided, that such extension and installation as may be made
by either town within the limits of the other shall be subject
in all respects to the approval of the other's selectmen.

Section 2. This act shall take effect upon its passage.

Approved April 4, 1949.

An Act to authorize payment for photostat supplies Chav. 12S
IN certain counties.

Whereas, The deferred operation of this act would unduly Emergency
delay the payment of bills contracted in good faith, it is ^'^^*°*
hereby declared an emergency law, necessary for the im-
mediate preservation of the public convenience.

Be it enacted, etc., as follows:

The county commissioners of any county may approve
and the treasurer of any such county shall thereupon pay
for photostat supplies purchased during the year nineteen
hundred and forty-eight, notwithstanding the fact that,
through misunderstanding, the provisions of section seven-
teen of chapter thirty-four of the General Laws were not
complied with. Such payments may, in the first instance, be
paid out of any money in hand, and a sum sufficient therefor
shall be included in item number 27 of the county appro-
priation act. Approved April 4, 1949.

An Act changing the harbor line in boston harbor on Chap. 124

THE southwesterly SIDE OF EAST BOSTON.

Be it enacted, etc., as follows:

Section 1. The harbor lines on the northeasterly side of
Boston harbor are hereby changed and established as
follows : —

The location of each of the angle points in the line herein-
after described is fixed by a distance, hereinafter called
longitude, in feet, from a meridian passing through the
apex of the dome of the state house in Boston, and by a

82 Acts, 1949. — Chap. 125.

distance, hereinafter called latitude, in feet, from a line at
right angles to said meridian and passing through the said
center of the apex of the state house dome, and the bearings
refer to the true meridian passing through the center of said
apex. Beginning at point G in the harbor line as established
by chapter forty-eight of the acts of eighteen hundred and
eighty-two and located in latitude four thousand four hun-
dred and eighty and four-tenths feet north and longitude
four thousand eight hundred and eighty-one and four-tenths
feet east; thence south twenty-four degrees twenty-eight
minutes ten and four-tenths seconds, east, two thousand
four hundred and twenty-three and six-tenths feet to point
H' in latitude two thousand two hundred and seventy-four
and five-tenths feet north and longitude five thousand eight
hundred and eight3''-five and three-tenths feet east; thence
south fifty-six degrees forty-four minutes and four and four-
tenths seconds east, one hundred and ninety-five feet to
point H as established by chapter four hundred and eleven
of the acts of nineteen hundred and thirty-nine, and located
in latitude two thousand one hundred and sixty-seven and
five-tenths feet north, and longitude six thousand forty-eight
and four-tenths feet east.

Section 2. The portion of said harbor line from points G
to H established by section one of chapter forty-eight of
the acts of eighteen hundred and eighty-two is hereby abol-
ished.

Section 3. This act shall take effect upon its passage.

Approved April 4, 1949.

Chap. 125 An Act relative to the height of buildings in certain

CITIES.

^reambiT^ Wkcreas, The deferred operation of this act would tend

to defeat its purpose, which is to exempt without delay
power plants from certain provisions of law restricting the
height of buildings in cities, therefore it is hereby declared
to be an emergency law, necessary for the immediate preser-
vation of the public convenience.

Be it enacted, etc., as follows:

Ed)" 143 ''5 2 Section 2 of chapter 143 of the General Laws, as appear-

ameided.' ' iug iu the Tercentenary Edition, is hereby amended by

inserting after the word "elevators", in fine 3, the words:

?uUdtn°sSn — ' power plants, — so as to read as follows: — Section 2.

certain cities, In a city uo building shall be erected to a height of more

regulated. t\i2,xi ouc hundred and twenty-five feet above the grade of the

street; but this restriction shall not apply to grain or coal

elevators, power plants or sugar refineries, nor to steeples,

domes, towers or cupolas erected for strictly ornamental

purposes, of fireproof material, on buildings of the above

height or less. The supreme judicial or superior court may

enforce this section and restrain any violation thereof.

This section shall not apply to Boston.

Approved April 4, 1949.

Acts, 1949. — Chaps. 126, 127. 83

An Act providing for the submission to the voters (Jj^^ny \2Q
of the town of northbridge of the question of ^'

accepting certain provisions of law relative to
the licensed operation of bowling alleys on the
lord's day.

Be it enacted, etc., as follows:

Section 1. There shall be placed upon the official ballot
to be used for the election of officers at the next annual
town election of the town of Northbridge the following
question: — "Shall the town of Northbridge accept the
provisions of section four B of chapter one hundred and
thirty-six of the General Laws, relative to the licensed
operation of bowling alleys on the Lord's day?" If a
majority of the votes cast in answer to said question is in
the affirmative, said provisions shall thereupon become
effective in said town.

Section 2. This act shall take effect upon its passage.

Approved April 4, 194G.

An Act to authorize fire district number two in the (jhav 127
town of south hadley to extend its limits. ^'

Be it enacted, etc., as follows:

Section 1. The limits of Fire District Number Two in
the Town of South Hadley, as established under chapter
two hundred and thirty-nine of the acts of nineteen hundred
and nine and as extended by chapter eighty-two of the acts
of nineteen hundred and thirty-one, are hereby further ex-
tended so as to include the territory lying in the town of
Granby in the county of Hampshire, bounded and described
as follows : —

Beginning at a point on the South Hadley-Granby town
Une, said point being the present boundary of Fire District
Number Two in the Town of South Hadley, and being
located on the northerly line of the Amherst road at Moody
Corners; thence running easterly along the northerly line
of said Amherst road to a Massachusetts highway bound,
said Massachusetts highway bound being approximately
opposite the northeasterly corner of land conveyed to Albert
Quenneville and Rita Quenneville by deed of Otto Emil
Hauschild and Johanna Hauschild, dated October twenty-
third, nineteen hundred and forty-seven, recorded with
Hampshire County Registry of Deeds, Book 1025, Page
483; thence running southeasterly across said Amherst
road to the northeasterly corner of land conveyed to said
Albert Quenneville and Rita Quenneville by said Otto
Emil Hauschild and Johanna Hauschild by deed dated
October twenty-third, nineteen hundred and forty-seven,
recorded with Hampshire County Registry of Deeds, Book
1025, Page 483; thence southerly, westerly, southerly,
westerly and northerly, following the lines of a certain lay-
out of lots by Albert Quenneville and Rita Quenneville,

84 Acts, 1949. — Chap. 128.

said layout being recorded with Hampshire County Registry
of Deeds, Book of Plans 31, Pages 34 and 35, to a point
on the westerly boundary line of property of Albert Quenne-
ville and Rita Quenneville five hundred feet southerly of
the southerly line of Amherst road; thence westerly in a
line parallel with the Amherst road to the town line between
Granby and South Hadley; thence northerly along said
town line to the point of beginning.

The territory hereby annexed to said district shall be
subject to all the rights, privileges, liabilities and powers
belonging to said district under the provisions of said chapter
two hundred and thirty-nine of the acts of nineteen hundred
and nine, as amended, and under the provisions of chapter
five hundred and twenty-nine of the acts of nineteen hundred
and nine.

Section 2. Whenever a tax is duly voted by said dis-
trict the clerk shall apportion, in accordance with the valu-
ation of property situate in each part of said district, all
and singular, such sums of money voted to be raised by
said district for the purposes specified in this act and in
chapter two hundred and thirty-nine, as amended, and
chapter five hundred and twenty-nine, both of the acts of
nineteen hundred and nine, and shall render a certified
copy of the vote, with the apportionment made by said
clerk, to the assessors of the towns of South Hadley and
Granby. Said tax shall be assessed, collected and deposited
in accordance with the provisions of chapter five hundred
and twenty-nine of the acts of nineteen hundred and nine.

Approved April 4, 1949.

Chap. 128 ^N Act relative to indemnification of employees of

CERTAIN CITIES AND TOWNS FOR DAMAGES SUSTAINED
THROUGH THE OPERATION OF CERTAIN MUNICIPALLY
OWNED VEHICLES.

Be it enacted, etc., as follows:

G^L. (Ter. Section 100 A of chapter 41 of the General Laws, as most

§ iboA, etc., recently amended by section 1 of chapter 391 of the acts of
Mrapnded. 1945, is hereby further amended by striking out, in line 12,

the word ''five" and inserting in place thereof the word: —
fifteen, — by inserting after the word "person", in line 13,
the words : — , or not exceeding seventy-five thousand dol-
lars for any one accident, — and by striking out, in said
line 13, the word "one", the second time it appears, and
inserting in place thereof the word : — five, — so as to read
indemnifica- as follows: — Sectio7i 100 A. A city which accepts this sec-
and town^ tiou by vote of its city council subject to the provisions of
employees. j^g charter, or a town which accepts the same by vote of its
inhabitants at an annual town meeting, may, after an appro-
priation has been made therefor, indemnify an officer or
employee thereof for expenses or damages incurred by him
in the defence or settlement of a claim against him for

Acts, 1949. — Chaps. 129, 130. 85

bodily injuries, including death at any time resulting there-
from, or for damage to property, arising out of the operation
of a motor or other vehicle or vessel owned by such city or
town, to an amount not exceeding fifteen thousand dollars
on account of injury to or death of one person, or not ex-
ceeding seventy-five thousand dollars for any one accident,
and not exceeding five thousand dollars on account of
damage to property; provided, that after investigation it
shall appear to the mayor or selectmen that such officer or
employee was at the time the claim arose acting within the
scope of his official duties or employment, and provided,
further, that the defence or settlement of such claim shall
have been made by the city solicitor or the town counsel, or,
if the town has no town counsel, by an attorney employed
for the purpose by the selectmen, upon the request of said
officer or employee and at the direction of the mayor or
selectmen. This section shall not apply in respect to so
much of a claim against an officer or employee as is covered
by a policy of insurance effected by the city or town under
clause (1) of section five of chapter forty.

Approved April 4, 1949,

An Act relative to the receipt of complaints and the ChavA29

ISSUANCE OF A SUMMONS, PROCESS OR WARRANT BY JUSTICES
OF THE PEACE.

Be it enacted, etc., as follows:

Section 1 of chapter 262 of the General Laws is hereby g. l. (Ter.
amended by striking out the paragraph amended by chap- ^tti'amenJed.
ter 295 of the acts of 1948 and inserting in place thereof the
following : —

For receiving a complaint under section thirty-six of chap- issue of
ter two hundred and eighteen, two dollars; and for issuing a j^g^c^of^^
summons, process or warrant under said section, two dollars, peace, regu-
except that when more than one summons shall be simul-
taneously issued against a single defendant, no fee shall be
paid for such summonses other than the first one.

Approved April 4, 1949.

An Act establishing a board of election commissioners QjiQ/p 130

IN the city of SPRINGFIELD.

Be it enacted, etc., as folloivs:

Section 1. The board of registrars of voters of the city
of Springfield is hereby abolished. All the powers, rights,
duties and liabilities of said board of registrars either under
general or special law except as otherwise provided, are
hereby transferred to and shall hereafter be placed upon and
exercised by a board of election commissioners in said city,
hereinafter called the board, which shall be the lawful suc-
cessor of said registrars. Immediately upon the acceptance
of this act as hereinafter provided, the said registrars of

86 Acts, 1949. —Chap. 131.

voters shall deliver to the board all books, papers, records
and all other property in their possession.

Section 2. The board shall consist of four persons, of
whom two shall always represent each one of the two lead-
ing political parties, as defined in section one of chapter
fifty of the General Laws. They shall receive such com-
pensation as the mayor and city council may determine.

Section 3. The members of the board of registrars of
voters in office in said city at the time this act takes efifect
shall be members of said board of election commissioners,
and shall serve until the expiration of their respective terms
and until their successors are appointed and qualified. As
the terms of the several election commissioners expire, and
in case a vacancy occurs in said board, the mayor shall, sub-
ject to approval by the board of aldermen, so appoint their
successors that the members of the board shall equally repre-
sent the two leading political parties as defined as aforesaid.
Such appointments shall be for terms of four years beginning
April first, except that any appointment to fill a vacancy
shall be for the unexpired term.

Section 4. The board shall organize annually in the
month of April by the choice of a chairman and a secretary.
In case the members are unable to agree upon a chairman
and a secretary, such officers shall be designated by the
ma3^or. The secretary shall keep a full and accurate record
of the proceedings of the board and shall perform such other
duties as the board may require.

Section 5. All the powers, duties and liabilities relating
to caucuses, primaries and elections by law vested in and
placed upon the mayor, the board of aldermen, the city clerk
and the board of registrars of voters except the power and
duty of fixing the days and hours and places for holding the
same, shall in said city be vested in and placed upon the
board of election commissioners.

Section 6. The board may appoint such assistant com-
missioners and such other assistants as it deems necessary,
who shall at all times equally represent the two leading
political parties as defined as aforesaid.

Section 7. This act shall take effect upon its acceptance
during the current year by vote of the city council of said
city, subject to the provisions of its charter, but not other-
wise. Approved April 4, 1949.

C hap. ISl An Act authorizing the printing on nomination papers

AND BALLOTS FOR MUNICIPAL ELECTIONS IN THE CITY OF
BOSTON STATEMENTS AS TO THE HOLDING OF PUBLIC
OFFICES BY CANDIDATES AT SUCH ELECTIONS.

Be it enacted, etc., as follows:

Section 1. Chapter 486 of the acts of 1909 is hereby
amended by inserting after section 53 the following section :
— Section 53 A . Said nomination papers may state, in
not more than eight words, the elective public offices which

Acts, 1949. —Chaps. 132, 133. 87

the candidate holds or has held, showing clearly that he is
a former incumbent thereof if such is the case and, if he is
an elected incumbent of an office for which he seeks renomi-
nation, that he is a candidate for such renomination.

Section 2. Section 54 of said chapter 486, as amended
by section 2 of chapter 472 of the acts of 1941, is hereby
further amended by striking out the sixth sentence and
inserting in place thereof the following : — Forthwith the
election commissioners shall print or insert on such nomi-
nation papers the names of the candidates, the offices for
which they are nominated, their residences, with street and
number, if any, and the statement authorized by section
fifty-three A, if any.

Section 3. Section 57 of said chapter 486 is hereby
amended by inserting after the word "candidate" in lines
3 and 4 the words : — and the statement, if any, contained
in his nomination papers as authorized by section fifty-
three A. Approved April 4, 1949.

An Act requiring the posting of the schedule of (Jfm^j) J32

ADMISSION prices, AND OTHER INFORMATION, BY MAN A-
GERS OF TRAVELING ENTERTAINMENTS.

Be it enacted, etc., as follows:

Chapter 140 of the General Laws is hereby amended by g. l. (Ter.
inserting after section 181A, inserted by chapter 534 of the aew'i^iiiB,
acts of 1948, the following section: — Section 181 B. The added,
manager of every traveling circus, carnival or other enter- Managers of
tainment which members of the general public are invited eSIrtamments
to attend and view shall cause a complete schedule of the admi£?on
prices for admission to the same, and for seating or other prices and
necessary accommodations for its patrons, to be posted, in matTon" "''
letters at least one inch high, in a conspicuous place at
every box office, ticket booth or other location at which
tickets or tokens for such admission are offered for sale.
Any person violating this section shall be punished by a
fine of not more than fifty dollars.

Approved April 4, 1949.

An Act providing that the financial year of all fire, r^/,^.^ 1 00

WATER, LIGHT AND IMPROVEMENT DISTRICTS SHALL END ^'

ON DECEMBER THIRTY-FIRST.

Be it enacted, etc., as follows:

Section 1. Chapter 41 of the General Laws is hereby g. l. (Ter.
amended by adding after section 119, as appearing in the ^^^'k^I^o
Tercentenary Edition, the following section: — Section 120. added.
The financial year of all fire, water, light and improvement Financial year
districts shall end on December thirty-first, notwithstanding water, etc'.,
the provisions of special laws or district by-laws to the oewmber** *'^'*
contrary; provided, that the district treasurer shall until thirty-first.
January tenth enter on his books all items for the payment

88 Acts, 1949. —Chaps. 134, 135.

of bills incurred and salaries and wages earned during the
previous year, and expenditures therefor shall be deemed
to be as of the preceding December thirty-first.
Effective SECTION 2. The financial year of all fire, water, light

and improvement districts shall end on December thirty-
first, nineteen hundred and forty-nine, and this act shall
take full effect on January first, nineteen hundred and fifty.
In such districts if appropriations have been voted prior to
December thirty-first, nineteen hundred and forty-nine,
and funds remain for expenditures after said date, any
unexpended balances of such appropriations may be ex-
pended in the period for which the appropriations were
originally voted or may be used by the assessors as available
funds in the determination of the nineteen hundred and
fifty district tax rate. Approved April 4, 1949.

Chap. 134 An ^^'^ RELATIVE TO THE RENEWAL OF CERTAIN TEMPORARY
REVENUE LOANS BY CITIES, TOWNS AND DISTRICTS.

Be it enacted, etc., as follows:

Any city, town or district, with the approval of the board
specified in clause nine of section eight of chapter forty-
four of the General Laws, may extend, for a period or periods
not exceeding, in the aggregate, six months beyond the
maximum term provided by law for an original revenue
loan, any loan issued in anticipation of the revenue of the
year nineteen hundred and forty-nine or nineteen hundred
and fifty, and the approval as aforesaid of any such extension
shall authorize the issue of renewal notes for the period or
periods so approved, notwithstanding the provisions of said
chapter forty-four. During the time that any such revenue
loan, extended as aforesaid, remains outstanding, none of
the receipts from the collection of taxes assessed by such
city, town or district for the year against the revenue of
which such loan was issued or for prior years shall be ap-
propriated for any purpose without the approval of said
board. Approved April 4, 1949.

Chap.lSd An Act authorizing cities to increase their appro-
priations FOR RESERVE FUNDS, SO CALLED.

Be it enacted, etc., as folloivs:

EdVio^SoA Section 5 A of chapter 40 of the General Laws, as amended
etc.", amended.' by chaptcr 34 of the acts of 1937, is hereby further amended
by striking out, in line 4, the words "one and one half" and
inserting in place thereof the word : — three, — so as to read
Authorizing as follows: — Section 5 A. To provide for extraordinary or
oreale^appro- unforesccu cxpcuditures, a city may, prior to the date when
rllerl^e^Funds ^^^ ^^^ ^^^^ ^^^ ^^® ^^^^ ^^ fixcd, appropriate a sum not ex-
ceeding three per cent of the tax levy for the preceding year
to be known as a reserve fund. No direct drafts against this
fund shall be made, but transfers from the fund may from

Acts, 1949. — Chaps. 136, 137. 89

time to time be voted by the city council upon recommenda-
tion of the mayor, and the city auditor or officer having
similar duties shall make such transfers as are so voted.

Approved April 4, 1949.

An Act relative to the certification of appropriation nhrij) \ qa

ORDERS BY CLERKS OF WATER AND IMPROVEMENT DIS- ^'
TRICTS.

Be it enacted, etc., as follows:

Chapter 41 of the General Laws is hereb}'' amended by g. l. (Ter.
striking out section 15A, as appearing in the Tercentenary fmeAdid.^ ^^^'
Edition, and inserting in place thereof the following section:
— Section 15 A. City and town clerks and clerks of water certification of
and improvement districts shall, as soon as an order or vote oXrTby clerks
appropriating money becomes effective, certify, in a city to of cities, towns,
the treasurer, assessors and auditor or similar officer, and in districts.
a town to the assessors and the town accountant, if any,
otherwise to the treasurer, and in a district to the assessors
and the accounting officer, if any, otherwise to the treasurer,
each appropriation in detail, and the provisions made for
meeting the same, if specified in the appropriation order or
vote. Approved April 4, 1949.

An Act establishing the Swansea water district in
the town of swansea.

Be it enacted, etc., as follows:

Section 1. The inhabitants of the town of Swansea,
liable to taxation in said town and residing within the
territory comprised within the following boundary lines, to
wit : — beginning at a point in the state line between the
town of Swansea and the state of Rhode Island at a point
lying in the center of the channel of the Palmer river and
running southeasterly by said state line to Mount Hope bay
to the Somerset town line; thence northeasterly by the
Somerset town line to a point or a corner; and thence by
said Somerset town line to a point, which point is the south-
easterly corner of the town of Swansea; thence turning and
running northerly by the town line to a point one thousand
feet north of Marvel street; thence turning and running
westerl}^ by a line one thousand feet distant from and parallel
to the north side line of Marvel street to the easterly side
line of Sharps Lot road; thence turning and running west-
erly, crossing said Sharps Lot road to the southeast corner
of the town of Rehoboth; thence turning and running west-
erly by the southerty bound of the town of Rehoboth to a
point in the center line of the channel of the Palmer river;
thence turning and running southerly by the center line of
the channel of the Palmer river to the point of beginning, —
shall constitute a water district and are hereby made a body
corporate by the name of the Swansea water district, herein-

Chap.lS7

90 Acts, 1949. — Chap. 137.

after called the district, for the purpose of supplying them-
selves with water for the extinguishment of fires and for
domestic and other purposes, with power to establish foun-
tains and hydrants and to relocate and discontinue the same,
to regulate the use of such water and to fix and collect rates
to be paid therefor, and for the purposes of assessing and
raising taxes as provided herein for the payment of such
services, and for defraying the necessary expenses of carry-
ing on the business of said district, subject to all general
laws now or hereafter in force relating to such districts,
except as otherwise provided herein. The district shall have
power to prosecute and defend all actions relating to its
property and affairs.

Section 2. For the purposes aforesaid, the district,
acting by and through its board of water commissioners
hereinafter provided for, may contract with any munici-
pality, acting through its water department, or with any
water company, or with any other water district, for what-
ever water may be required, authority to furnish the same
being hereby granted, and may lay water mains anywhere
within the town of Swansea for the purpose of securing said
water supply, and, in addition or in the alternative, may
take by eminent domain under chapter seventy-nine or
chapter eighty A of the General Laws, or acquire by lease,
purchase or otherwise, and hold, the waters, or any portion
thereof, of any pond, spring or stream, or of any ground
sources of supply by means of driven, artesian or other wells,
within the town of Swansea not already appropriated for
the purposes of a public supply, and the water and flowage
rights connected with any such water sources; and for said
purposes may take as aforesaid, or acquire by purchase or
otherwise, and hold, all lands, rights of way and other ease-
ments necessary for collecting, storing, holding, purifying
and preserving the purity of the water and for conveying the
same to any part of said district; provided, that no source
of water supply or lands necessary for preserving the quality
of the water shall be so taken or used without first obtaining
the advice and approval of the department of public health,
and that the location and arrangement of all dams, reservoirs,
springs, wells, pumping, purification and filtration plants
and such other works as may be necessary in carrying out
the provisions of this act shall be subject to the approval of
said department. Said district may construct and main-
tain on the lands acquired and held under this act proper
dams, wells, springs, reservoirs, standpipes, tanks, pumping
plants, buildings, fixtures and other structures including also
the establishment and maintenance of filter beds and puri-
fication works or systems, and may make excavations, pro-
cure and operate machinery and provide such other means
and appliances, and do such other things as may be neces-
sary for the establishment and maintenance of complete and
effective water works; and for that purpose may construct
pipe lines, wells and reservoirs and establish pumping works,

Acts, 1949. — Chap. 137. 91

and may construct, lay, acquire and maintain aqueducts,
conduits, pipes and other works under or over any land,
water courses, railroad, railways and public or other ways,
and along such ways, in said town, in such manner as not
unnecessarily to obstruct the same; and for the purposes of
constructing, laying, maintaining, operating and repairing
such aqueducts, conduits, pipes and other works, and for
all proper purposes of this act, the district may dig up or raise
and embank any such lands, highways, or other ways in such
manner as to cause the least hindrance to public travel on
such ways; provided, that the manner in which all things
are done upon any such way shall be subject to the direction
of the selectmen of the town of Swansea. The district shall
not enter upon, or construct or lay any conduit, pipe or other
works within the location of any railroad corporation except
at such time and in such manner as it may agree upon with
such corporation, or, in the case of failure so to agree, as
may be approved by the department of public utilities.
Said district may enter upon any lands for the purpose of
making surveys, test wells or pits and borings, and may take
or otherwise acquire the right to occupy temporarily any
lands necessary for the construction of any work or for any
other purpose authorized by this act.

Section 3. Any person sustaining damages in his prop-
erty by any taking under this act or any other thing done
under authority thereof may recover such damages from the
district under chapter seventy-nine or chapter eighty A of
the General Laws; but the right to damages for the taking
of any water, water right or water source, or for any injury
thereto, shall not vest until water is actually withdrawn or
diverted under authority of this act.

Section 4. For the purpose of paying the necessary ex-
penses and liabilities incurred under the provisions of this
act, other than expenses of maintenance and operation, the
district may borrow from time to time such sums as may be
necessary, not exceeding in the aggregate one million five
hundred thousand dollars, and may issue bonds or notes
therefor, which shall bear on their face the words, Swansea
Water District Loan, Act of 1949. Each authorized issue
shall constitute a separate loan, and such loans shall be pay-
able in not more than thirty years from their dates. Indebt-
edness incurred under this act shall be subject to the provi-
sions of chapter forty-four of the General I-aws pertaining to
such districts.

Section 5. The district shall, at the time of authorizing
said loan or loans, provide for the payment thereof in ac-
cordance with section four of this act; and, when a vote to
that effect has been passed, a sum which, with the income
derived from water rates, will be sufficient to pay the annual
expense of operating its water works and the interest as it
accrues on the bonds or notes issued as aforesaid by the
district, and to make such payments on the principal as may
be required under this act, shall without further vote be

92 Acts, 1949. —Chap. 137.

assessed upon the district by the assessors of said town of
Swansea annually thereafter until the debt incurred by said
loan or loans is extinguished.

Section 6. Any land taken or acquired under this act
shall be managed, improved and controlled by the board of
water commissioners hereinafter provided for, in such man-
ner as they shall deem for the best interest of the district.
All authority vested in said board by this section shall be
subject to section nine.

Section 7. Whenever a tax is duly voted by the district
for the purposes of this act, the clerk shall send a certified
copy of the vote to the assessors of said town, who shall as-
sess the same on propertj^ within the district in the same
manner in all respects in which town taxes are required by
law to be assessed; provided, that no estate shall be subject
to an}'- tax assessed on account of the system of water supply
under this act if, in the judgment of the board of water
commissioners hereinafter provided for, after a hearing, due
notice hereof shall have been given, such estate is so situated
that it will receive no aid in the extinguishment of fire from
the said system of water supply, or both, or if such estate is
so situated that the buildings thereon, or the buildings that
might be constructed thereon, could not be supplied with
water from said system in any ordinary or reasonable man-
ner; but all other estates in the district shall be deemed to
be benefited and shall be subject to such tax. A certified
list of the estates exempt from taxation under the provisions
of this section shall annually be sent by said board of water
commissioners to said assessors, at the same time at which
the clerk shall send a certified copy of the vote as aforesaid.
The assessment shall be committed to the town collector,
who shall collect said tax in the manner provided by law for
the collection of town taxes, and shall deposit the proceeds
thereof with the district treasurer for the use and benefit of
the district. The district may collect interest on overdue
taxes in the manner in which interest is authorized to be
collected on town taxes.

Section 8. Any meeting of the voters of the territory
included within the boundaries set forth in section one to be
held prior to the acceptance of this act, and any meeting of
the voters of the district to be held prior to the qualification
of a majority of the water commissioners, shall be called, on
petition of ten or more legal voters therein, by a warrant
from the selectmen of said town, or from a justice of the
peace, directed to one of the petitioners, requiring him to
give notice of the meeting by posting copies of the warrant
in two or more public places in the district seven days at
least before the time of the meeting. Such justice of the
peace, or one of the selectmen, shall preside at such meeting
until a clerk is chosen and sworn, and the clerk shall preside
until a moderator is chosen. At any meeting held hereunder
prior to the acceptance of this act, after the choice of a mod-
erator for the meeting the question of the acceptance of this

Acts, 1949. — Chap. 137. 93

act shall be submitted to the voters, and if it is accepted by
a majority of the voters present and voting thereon it shall
thereupon take effect, and the meeting may then proceed to
act on the other articles in the warrant. After the qualifica-
tion of a majority of the water commissioners, meetings of
the district shall be called by warrant under their hands,
unless some other method be provided by by-laws or vote
of the district.

Section 9. The district shall, after the acceptance of this
act as aforesaid, elect by ballot, either at the same meeting
at which this act shall have been accepted, or thereafter, at
an annual meeting or at a special meeting called for the pur-
pose, three persons, inhabitants of and voters in said dis-
trict, to hold office, one until the expiration of three years,
one until the expiration of two years, and one until the ex-
piration of one year, from the day of the next succeeding
annual district meeting, to constitute a board of water com-
missioners; and at every annual district meeting following
such next succeeding annual district meeting one such com-
missioner shall be elected by ballot for the term of three
years. The date of the next annual meeting shall be fixed
by by-law or by vote of the board of water commissioners,
but in no event shall it be later than fifteen months subse-
quent to the date on which the water commissioners were
first elected. All the authority granted to said district by
this act, except sections four and five, and not otherwise
specifically provided for, shall be vested in said board of
water commissioners, who shall be subject, however, to such
instructions, rules and regulations as the district may by
vote impose. At the meeting at which said water commis-
sioners are first elected and at each annual district meeting
held thereafter, the district shall elect by ballot, each for a
term of one year, a clerk and a treasurer of the district. The
treasurer shall not be a water commissioner, and shall give
bond to the district in such an amount as may be approved
by said water commissioners and with a surety company
authorized to transact business in the commonwealth as
surety. A majority of said water commissioners shall con-
stitute a quorum for the transaction of business. Any va-
cancy occurring in said board from any cause may be filled
for the remainder of the unexpired term by said district at
any legal meeting called for the purpose. No money shall
be drawn from the treasury of the district on account of its
water works except upon a written order of said water com-
missioners or a majority of them.

Section 10. Said board of water commissioners shall
fix just and equitable prices and rates for the use of water,
and shall prescribe the time and manner of payment. The
income of the water works shall be appropriated to defray
all operating expenses, interest charges and payments on
the principal as they shall accrue upon any bonds or notes
issued under authority of this act. If there should be a net
surplus remaining after providing for the aforesaid charges,

94 Acts, 1949. — Chap. 137.

it may be appropriated for such new construction as said
water commissioners may recommend, and in case a surplus
should remain after payment for such new construction the
water rates shall be reduced proportionately. If in any year
there should be a deficiency of revenue, the commissioners
shall in the following year fix the rate so as to meet such
deficiency together with the estimated operating costs in-
cluding interest and debt. Said commissioners shall annually,
and as often as the district may require, render a report
upon the condition of the works under their charge, and an
account of their doings, including an account of receipts
and expenditures.

Section 11. The district may adopt by-laws, prescrib-
ing by whom and how meetings of the district may be
called, notified, and conducted; and, upon the application
of ten or more legal voters in the district, meetings may also
be called by warrant as provided in section eight. The
district may also establish rules and regulations for the
management of its water works, not inconsistent with this
act or with any other provision of law, and may choose
such other officers not provided for in this act as it may
deem necessary or proper.

Section 12. Whoever wilfully or wantonly corrupts,
pollutes or diverts any water obtained or supplied under
this act, or wilfully or wantonly injures any reservoir, well,
standpipe, aqueduct, pipe or other property owned or used
by the district for any of the purposes of this act, shall
forfeit and pay to the district three times an amount of
damages assessed therefor, to be recovered in an action of
tort, and upon conviction of any of the above wilful or wanton
acts shall be punished by a fine of not more than three
hundred dollars or by imprisonment for not more than one
year, or both.

Section 13. Upon a petition in writing addressed to
said board of water commissioners requesting that certain
real estate, accurately described therein, located in said
town and abutting on said district and not otherwise served
by a public water supply be included within the limits
thereof, and signed by the owners of such real estate, or a
major portion of such real estate, said water commissioners
shall cause a duly warned meeting of the district to be called,
at which meeting the voters may vote on the question of
including said real estate within the district. If a majority
of the voters present and voting thereon vote in the affirm-
ative the district clerk shall within ten days file with the
town clerk of said town and with the state secretary an
attested copy of said petition and vote; and thereupon
said real estate shall become and be part of the district and
shall be holden under this act in the same manner and to
the same extent as the real estate described in section one.

Section 14. This act shall take full effect upon its
acceptance by a majority vote of the voters of the territory
included within said district by section one of this act present

Acts, 1949. — Chap. 138. 95

and voting thereon, by the use of a check list, at a district
meeting called, in accordance with section eight, within
four years after its passage.

Section 15. Section 2 of chapter 254 of the acts of 1914,
as amended by section 1 of chapter 339 of the acts of 1926,
is hereby further amended by striking out, in line 2, the
words "towns of Swansea and Dighton and their" and
inserting in place thereof the words: — town of Dighton
and its.

Section 16. Section 3 of said chapter 254, as amended
by section 2 of said chapter 339, is hereby further amended
by striking out, in line 7, the words "towns of Somerset or
Swansea" and inserting in place thereof the words: — town
of Somerset.

Section 17. Said chapter 254 is hereby further amended
by striking out section 4, as amended by section 3 of said
chapter 339, and inserting in place thereof the following
section: — Section 4- Said town of Somerset shall have
the right to lay its pipes or conduits in the town of Dighton
along a direct road from the source of supply, in the public
streets of such town or through private lands acquired in
accordance with section three; provided, that no conduits
or pipes shall be laid in a public way except under the direc-
tion of the selectmen of said town or of the state department
of public works in the case of a state highway; and provided,
further, that any public way in which work is done under
this act shall be restored by said town of Somerset to a
condition satisfactory to said state department or to said
selectmen, as the case may be. Approved April 4, 1949.

C/iap. 138

An Act relative to liabilities incurred by depart-
ments OF certain cities and towns in cases of
extreme emergency.

Be it enacted, etc., as follows:

Chapter 44 of the General Laws is hereby amended by g. l. (Ter.
striking out section 31, as amended by section 23 of chap- ftci! 'amended.
ter 358 of the acts of 1946, and inserting in place thereof
the following section: — Section 31. No department Liabilities
financed by municipal revenue, or in whole or in part by departments
taxation, of any city or town, except Boston, shall incur a cftiS'lnd towns
liability in excess of the appropriation made for the use of in cases of
such department, each item recommended by the mayor emer^noy.
and voted by the council in cities, and each item voted by regulated.
the town meeting in towns, being considered as a separate
appropriation, except in cases of extreme emergency in-
volving the health or safety of persons or property, and
then only by a vote in a city of two thirds of the members
of the city council, and in a town by a vote of two thirds
of the selectmen. Payments of liabilities incurred under
authority of this section may be made, with the written
approval of the director, from any available funds in the

96

Acts, 1949. — Chaps. 139, 140.

treasury, and the amounts of such liabilities incurred shall
be reported by the auditor or accountant or other officer
having similar duties, or by the treasurer if there be no
such officer, to the assessors who shall include the amounts
so reported in the aggregate appropriations assessed in the
determination of the next subsequent annual tax rate,
unless the city or town has appropriated amounts specified
to be for such liabilities; provided, that, if proceedings are
brought in accordance with provisions of section fifty-three
of chapter forty, no payments shall be made and no amounts
shall be certified to the assessors until the termination of
such proceedings. Approved April 4, 1949.

Chap.lS9 An Act relative to central pools of jurors summoned

FOR attendance UPON THE SUPERIOR COURT.

G. L. (Ter.
Ed.). 212.
new § 20A,
added.

Central pools
of jurors for
attendance
upon the
superior court,
authorized.

Be it enacted, etc., as follows:

Chapter 212 of the General Laws is hereby amended by
inserting after section 20, as appearing in the Tercentenary
Edition, the following section: — Section 20 A. The superior
court may in counties where more than one session is held
simultaneously for civil or criminal business or for civil
and criminal business require that jurors be held in a central
pool and assigned to the several sessions in such manner
as the court shall order. It may in its discretion order that
writs of venire facias for jurors issue for the total number
of jurors required for all sessions at any sitting without
specifying therein that they are required for civil or criminal
business. Jurors so drawn shall be subject to be used inter-
changeably for civil or ciminal business.

The justices of the superior court may designate not
more than two officers appointed under section seventy of
chapter two hundred and twenty-one to attend the central
pool of jurors in the county for which they are appointed.
The officers so designated shall perform their duties under
the direction of the court, and receive such compensation
to be paid by the county as the justices shall establish.

Approved April 4, 1949.

Chap.140 An Act to permit the apportionment between princi-
pal AND INCOME OF THE EXPENSES, COSTS AND COUNSEL
FEES OF CERTAIN FIDUCIARIES.

G. L. (Ter.
Ed.). 206, §16,
etc., amended.

Compensation
and expenses
of executor,
etc.

Be it enacted, etc., as follows:

Chapter 206 of the General Laws is hereby amended by
striking out section 16, as amended by chapter 36 of the
acts of 1941, and inserting in place thereof the following
section: — Section 16. An executor, administrator, guardian,
conservator or trustee shall be allowed his reasonable ex-
penses, costs and counsel fees incurred in the execution of
his trust, and shall have such compensation for services

Acts, 1949. — Chaps. 141, 142. 97

as the court may allow. Such compensation, expenses,
costs and counsel fees may be apportioned between principal
and income as the court may determine.

Approved April 4, 1949.

An Act making a certain veteran of world war ii Chav.l4:l

ELIGIBLE TO BE EXAMINED FOR REGISTRATION AS A
QUALIFIED PHYSICIAN.

Be it enacted, etc., as follows:

Notwithstanding any provision of law to the contrary,
Irving Walter Harvey, who served in the armed forces of
the United States during World War II and has received
an honorable discharge therefrom, and who graduated from
a medical school in this commonwealth before June thirtieth,
nineteen hundred and forty-eight, and who, while a resident
of this commonwealth, served for one year prior to January
first, nineteen hundred and forty-nine as an interne, as
provided in section nine of chapter one hundred and twelve
of the General Laws, shall be eligible to be an applicant for
registration as a qualified physician, shall be examined for
such registration by the board of registration in medicine,
and shall be subject to and have the benefit of all pertinent
provisions of law relative to such eligibility and examina-
tion. Approved April 6, 1949.

An Act providing for the acquisition, maintenance Chap. 14:2

AND operation OF THE STEAMSHIP LINE OPERATING
between NEW BEDFORD, FALMOUTH AND THE ISLANDS
OF NANTUCKET AND MARTHA's VINEYARD, AND PROVIDING
FOR THE FINANCING THEREOF.

Whereas, The deferred operation of this act would tend
to defeat its purpose, which is to provide without delay
adequate transportation facilities between New Bedford,
Falmouth and the islands of Martha's Vineyard and Nan-
tucket, without cost to the commonwealth, therefore this
act is hereby declared to be an emergency law, necessary
for the immediate preservation of the public safety and
convenience.

Be it enacted, etc., as follows:

Section 1. Subdivision (b) of section 5 of chapter 544
of the acts of 1948 is hereby amended by inserting after the
word "amount", in hne 6, the words: — to be outstanding
at any one time, including refunding bonds but excluding
the bonds to be refunded thereby, — so as to read as follows:
— (b) To issue bonds of the Authority payable solely from
the funds herein provided for such payment for the purpose
of paying all or any part of the cost of the project, and for
replacements and new construction or acquisition of vessels
and other facilities required to provide adequate service,
the total amount to be outstanding at any one time, including

98 Acts, 1949. — Chap. 142.

refunding bonds but excluding the bonds to be refunded
thereby, not to exceed six million dollars.

Section 2. Section 9 of said chapter 544 is hereby
amended by striking out the first paragraph and inserting
in place thereof the following: — The revenues derived
from the operation of the steamship line shall be set aside
at regular intervals in the following order, in the following
amounts and for the following purposes, all as may be pro-
vided in the resolution authorizing the issuance of the bonds:

First: to an operations fund, an amount sufficient to
pay the cost of maintenance, repair and operation of the
steamship line and to maintain working capital for such
purposes, in the amount hereinafter estabhshed;

Second: to the sinking fund, an amount sufficient to
provide for the payment of the interest on and for the amorti-
zation and payment of the principal of all bonds as the same
shall become due and payable ;

Third: to a replacement fund, if so provided in such
resolution, such amount, if any, as the Authority may deem
necessary or advisable for depreciation of property and for
obsolescence and losses in respect to property sold, destroyed
or abandoned;

Fourth: to the reserve fund hereinafter established, an
amount sufficient to maintain said fund at the amount
originally established as hereinafter provided and thereafter
to make any reimbursement as hereinafter provided for
any moneys which shall have been paid by the commonwealth
under this section; and

Fifth: to the sinking fund, all of the remaining revenues,
to be used within a reasonable time for the purchase or
redemption of bonds.

There shall be set aside from the proceeds of the bonds
initially issued under the provisions of this act, notwith-
standing anything to the contrary herein contained, (a) an
amount sufficient to reimburse the commonwealth as pro-
vided in section fifteen of this act, (6) the sum of two hundred
thousand dollars to establish the reserve fund, and (c) a
sum not exceeding two hundred thousand dollars to the
operations fund for working capital.

Section 3. The provisions of section nine of said chapter
five hundred and forty-four, as amended by section two of
this act, relating to the disposition of the revenues derived
from the operation of the steamship line, shall supersede
the discretionary power of the Authority to secure its bond
by a trust agreement with a corporate trustee, but the
resolution authorizing the bonds may provide for the holding
and application of the proceeds of the bonds and said revenues
by a depositary or fiscal agent as directed in such resolution.

Section 4. Said chapter 544 is hereby further amended
by striking out section 13 and inserting in place thereof the
following section: — Section IS. The Authority is hereby
authorized and empowered from funds provided under the
authority of this act to purchase the entire capital stock of

Acts, 1949. — Chap. 143. 99

the Massachusetts Steamship Lines, Incorporated, a Mass-
achusetts corporation, at a price and upon such terms and
conditions as the Authority may deem proper and as may
be agreed by it and the seller or sellers. If the Authority
shall be unable to purchase the entire capital stock of the
corporation it may purchase such part as is available for
sale, but in no event less than ninety-five per cent of the
shares of each class then outstanding. Upon such purchase,
the Authority shall cause said corporation, after complying
with the provisions of section forty-two of chapter one
hundred and fifty-six of the General Laws, to transfer its
property and assets to the Authority.

Section 5. This act shall not affect the validity of any
and all acts of the Authority and of the Massachusetts
Steamship Lines, Incorporated, performed under the provi-
sions of section thirteen of chapter five hundred and forty-
four of the acts of nineteen hundred and forty-eight or any
rights which may have been acquired under said section.

Approved April 7, 1949.

An Act establishing in the town of framinoham
representative town government by limited town
meetings.

Be it enacted, etc., as follows:

Section L There is hereby established in the town of
Framingham the form of representative town government
by limited town meetings hereinafter set forth.

Section 2. Upon the acceptance of this act by said
town, as hereinafter provided, the selectmen shall forthwith
divide the territory thereof into eight voting precincts, each
of which shall be plainly designated and shall contain ap-
proximately an equal number of registered voters. The
precincts shall be so established as to consist of compact
and contiguous territory to be bounded, as far as possible,
by the center line of known streets and ways or by other
weU-defined limits. The boundaries shall be reviewed and,
if need be, wholly or partly revised by the selectmen in
May, once in five years, or in J\iay of any year when so
directed by a vote of a representative town meeting held
not later than April twentieth of that year. The selectmen
shall, within ten days after any establishment or revision
of the precincts, file a report of their doings with the town
clerk, the registrars of voters and the assessors, with a
map or maps or description of the precincts and the names
and residences of the registered voters therein. The select-
men shall also cause to be posted in the memorial building
a map or maps or description of the precincts as established
or revised from time to time, or cause the same to be pub-
lished in a newspaper published in the town. The division
of the town into voting precincts and any revision of such
precincts shall take effect upon the date of the filing of the

Chap.US

100 Acts, 1949. — Chap. 143.

report thereof by the selectmen with the town clerk. When-
ever the precincts are established or revised, the town clerk
shall forthwith give written notice thereof to the state
secretary, stating the number and designation of precincts.
Meetings of the registered voters of the several precincts
for elections or primaries and for voting on any question
to be submitted to all the registered voters of the town shall
be held simultaneously and at such place or places within
the town as the selectmen shall in the warrant for such
meeting direct. The provisions of the general laws relating
to precinct voting at elections, so far as the same are not
inconsistent with this act, shall apply to all elections and
primaries in the town upon the establishment of voting
precincts as above provided.

Section 3. Upon the acceptance of this act by the town
and after the establishment of precincts as provided in
section two, the registered voters in every precinct, at an
election to be held on the first Monday of the March follow-
ing such acceptance, and at elections held on the first Monday
of March of each second year thereafter, shall elect by ballot
twenty-five registered voters resident in the precinct, other
than persons elected or appointed to some other town office,
to be members of the representative town meeting for a
term of two years. The town clerk shall after every election
of town meeting members, forthwith notify each member
by mail of his election.

Section 4. Nominations of candidates for town meeting
members to be elected under this act shall be made by
nomination papers, which shall bear no political designation,
shall be signed by not less than twenty-five voters in the
precinct in which the candidate resides, and shall be filed
with the town clerk no later than five o'clock post meridian
on the fourth Monday preceding the election. No nomination
papers shall be valid in respect to any candidate whose
written acceptance is not thereon or attached thereto when
filed, or which purport to nominate a person elected or ap-
pointed to some other town office.

Section 5. A town meeting member may resign by
filing a written resignation with the town clerk and such
resignation shall take effect on the date of such filing. A
town meeting member who removes from the town or who
is elected or appointed to any other town office shall cease
to be a town meeting member. Notice of any vacancy in
the full number of town meeting members from any precinct
shall be given at once by the town clerk to the remaining
members from that precinct and he shall call a special
meeting of the remaining members from that precinct, not
less than five nor more than fourteen days later, at a time
and at a'^ place within the town to be designated by him,
for the purpose of filling such vacancy. At said special
meeting a majority of said remaining members shall con-
stitute a quorum. The choice to fill any vacancy shall be
by ballot, and a plurality of the votes cast shall be required

Acts, 1949. — Chap. 143. 101

for a choice. The town clerk shall count the ballots, make
a certificate of the choice, and notify the person so chosen;
and, upon receipt by the town clerk of a written acceptance
by the person so chosen, that person shall be deemed elected
and qualified as a town meeting member, subject to the
right of all the town meeting members to judge of the election
and qualification of members, as provided in section six.

Section 6. The towa clerk shall notify the town meeting
members of the time and place at which town meetings are
to be held, the notices to be sent by mail at least seven
days before the meeting. The town meeting members, as
aforesaid, shall be the judges of the election and qualifications
as set forth in this act, of their members. Eighty town
meeting members shall constitute a quorum for doing busi-
ness, but a less number may organize temporarily and may
adjourn from time to time. All town meetings shall be
public. Town meeting members as such shall receive no
compensation. Subject to such conditions as may be deter-
mined from time to time by the members of the representa-
tive town meeting, any registered voter of the town, although
not a town meeting member, shall have the right to speak
at least once on any matter coming before any town meeting,
but only elected town meeting members shall vote on such
matters.

Section 7. It shall be the duty of the chairman of each
board or committee of the town, elected or appointed, the
head of each department, and the town counsel to attend
throughout that part of each town meeting at which matters
other than those to be acted upon and determined otherwise
than by ballot are to be considered.

Section 8. The articles in the warrant for every town
meeting, so far as they relate to the election of town officers
and town meeting members, and, as herein provided, to
referenda, and all matters to be acted upon and determined
by ballot, shall be so acted upon and determined by the
registered voters of the town in their respective precincts.
All other articles in the warrant for any town meeting,
beginning with the town meeting at which said town meet-
ing members are first elected, shall be acted upon and deter-
mined exclusively by town meeting members at a meeting
to be held at such time and place as shall be set forth by the
selectmen in the warrant for the meeting, subject to the
referendum provided for by section nine hereof.

Section 9. No vote, except a vote to adjourn or au-
thorizing the borrowing of money in anticipation of the
receipt of taxes for the current year, passed at any repre-
sentative town meeting shall be operative until the expiration
of five days, exclusive of Sundays and holidays, from the
dissolution of the meeting. If, within said five days, a
petition, signed by not less than five per cent of the registered
voters in the town, containing their names and addresses
as they appear on the list of registered voters, is filed with
the selectmen, asking that the question or questions involved

102 Acts, 1949. — Chap. 144.

in such vote be submitted to the registered voters of the town
at large, then the selectmen, after the expiration of five
daj^s, shall forthwith call a special meeting for the sole
purpose of presenting to the registered voters at large the
question or questions so involved. The polls shall be opened
at twelve o'clock noon and shall be closed not earlier than
eight o'clock in the evening, and all votes upon any question
so submitted shall be taken by ballot and the check list
used in the several precinct meetings in the same manner
as in the election of town officers. The questions so sub-
mitted shall be determined by vote of the same proportion
of voters at large voting thereon as would have been re-
quired by law of the town meeting members, had the ques-
tion been finally determined at a representative town meeting.
The questions so submitted shall be stated upon the ballot
in substantially the same language and form in which they
were stated when presented to the representative town
meeting by the moderator and as appears from the records of
said meeting. If such a petition is not filed within said
period of five days, the vote of the representative town
meeting shall become operative and effective at the expiration
of said period.

Section 10. This act shall be submitted to the registered
voters of the town of Framingham for acceptance at the
biennial state election in the year nineteen hundred and
fifty in the form of the following question which shall be
placed upon the official ballot to be used in said town at
said election: "Shall an act passed by the general court
in the year nineteen hundred and forty-nine, entitled 'An
Act establishing in the town of Framingham representative
town government by limited town meetings', be accepted
by this town?" If a majority of the voters voting on this
question shall vote in the affirmative, this act shall take
effect forthwith so far as it relates to dividing the territory
of the town into eight precincts as provided in section two
of this act; and so far as it relates to the election of town
meeting members, it shall take effect for the purposes of
the town election to be held on the first Monday of March
thereafter and for all things pertaining thereto.

Approved April 7, 1949.

Chap. 144 -^^ ^^'^ AUTHORIZING THE TOWN OF WARE TO BORROW MONEY
FOR THE PURPOSE OF CONSTRUCTING, EQUIPPING AND
FURNISHING A SCHOOL BUILDING.

Be it enacted, etc., as follows:

Section 1. For the purpose of constructing and originally
equipping and furnishing a school building, the town of
Ware may borrow from time to time within a period of three
years from the passage of this act such sums as may be
necessary, not exceeding, in the aggregate, three hundred
thousand dollars, and may issue bonds or notes therefor,

Acts, 1949. — Chaps. 145, 146. 103

which shall bear on their face the words, Ware School Loan,
Act of 1949. Each authorized issue shall constitute a separate
loan, and such loans shall be paid in not more than twenty
years from their dates. Indebtedness incurred under this
act shall be in excess of the statutory limit and shall, except
as provided herein, be subject to chapter forty-four of the
(ieneral Laws, exclusive of the limitation contained in the
first paragraph of section seven thereof.
Section 2. This act shall take effect upon its passage.

Approved April 8, 1949.

An Act authorizing the town of Norton to borrow (JJ^Qy 145

MONEY FOR SCHOOL PURPOSES.

Be it enacted, etc., as follows:

Section 1. For the purpose of constructing additions
to the elementary school building, and originally equipping
and furnishing said additions, the town of Norton may
borrow, from time to time, within a period of five years from
the passage of this act, such sums as may be necessary, not
exceeding, in the aggregate, two hundred thousand dollars,
and may issue bonds or notes of the town therefor which
shall bear on their face the words, Norton School Loan,
Act of 1949. Each authorized issue shall constitute a separate
loan and such loans shall be paid in not more than twenty
years from their dates. Indebtedness incurred under this
act shall be in excess of the statutory limit of indebtedness
and shall, except as herein provided, be subject to chapter
forty-four of the General Laws exclusive of the limitation
contained in the first paragraph of section seven thereof.

Section 2. This act shall take effect upon its passage.

Approved April 8, 1949.

An Act relative to the appropriation of money by

THE town of EDGARTOWN FOR ADVERTISING THE TOWN
AND FOR PUBLIC ENTERTAINMENTS.

Be it enacted, etc., as follows:

Section 1. The town of Edgartown may, by a two
thirds vote, at an annual or special town meeting, after
due legal notice thereof in the warrants under which said
meetings are called, appropriate annually a sum not ex-
ceeding three thousand dollars for the purpose of advertising
the advantages of the town and for providing amusement or
entertainments of a public character.

Section 2. Chapter 97 of the acts of 1913 is hereby
repealed.

Section 3. This act shall take effect upon its passage.

Approved April 8, 1949.

Chap, 146

104 Acts, 1949. — Chaps. 147, 148, 149.

Chap. 147 ^^ -^CT AUTHORIZING THE TOWN OF SHARON TO FURNISH
AND SELL WATER TO THE TOWN OF CANTON AND TO PUR-
CHASE WATER FROM THE TOWN OF FOXBOROUGH AND
AUTHORIZING THE TOWN OF FOXBOROUGH TO PURCHASE
WATER FROM THE TOWN OF SHARON.

Be it enacted, etc., as follows:

Section 1. The town of Sharon may furnish and sell
water to the town of Canton, which is hereby authorized
to purchase water so sold.

Section 2. The town of Sharon may purchase water
from the town of Foxborough, which is hereby authorized
to furnish and sell water so purchased.

Section 3. The town of Foxborough may purchase
water from the town of Sharon, which is hereby authorized
to furnish and sell water so purchased.

Section 4, This act shall take effect upon its passage.

Approved April 8, 1949.

Chap.l4S An Act authorizing the appointment as special police

OFFICERS OF EMPLOYEES OF THE PORT OF BOSTON AU-
THORITY.

'^re'Imbb*'^ T^'/iereas, The deferred operation of this act would tend

to defeat its purpose, which is in part to provide for the
appointment without delay of the police officers referred to
therein, therefore it is hereby declared to be an emergency
law, necessary for the immediate preservation of the public
safety and convenience.

Be it enacted, etc., as follows:

Ed V' 147'^' Chapter 147 of the General Laws is hereby amended by

new § loA, inserting after section 10 the following section : — Section
E^l^hi eesof ^^A. The commissiouer may, at the request of the Port of
Port of Boston BostoH Authority, appoint as special police officers em-
he'app'ointwf^ ployces of Said Authority. Such special police officers shall
social poiico serve for one year, subject to removal bj^ the commissioner,
and they shall have the same power to make arrests as the
state police for any criminal offence committed in or upon
lands, piers or structures within the charge of said Authority.
They shall report to the coromissioner as to their official
acts at such times and in such manner as he may require.
They shall serve without pay, except their regular compen-
sation as employees of said Authority, and they shall receive
no fees for services or return of any criminal process.

Approved April 8, 1949.

Chap.l4:9 An Act repealing certain provisions of law RELATIVE
TO FISHIN(; in a certain LAKE IN THE TO W.N OF WEBSTER.

Be it enacted, etc., as follows:

Section 1. Chapter 110 of the acts of 1896, as amended
by chapter 392 of the acts of 1914, relative to fishing in Lake

Acts, 1949. — Chaps. 150, 151. 105

Ghaubunagiingamaug, more commonly known and truly
named Lake Chargoggagoggmanchauggagoggchaubunagun-
gamaugg, in the town of Webster, is hereby repealed.
Section 2. This act shall take effect upon its passage.

Approved April 8, 1949.

An Act validating the action of a special town meet- nhd^ 15Q

ING OF THE INHABITANTS OF THE TOWN OF CARVER HELD ON ' ^'
NOVEMBER THIRTIETH, NINETEEN HUNDRED AND FORTY-
EIGHT.

Be it enacted, etc., as folloivs:

Section 1. The action of the town of Carver whereby it
voted at a town meeting held on November thirtieth, nine-
teen hundred and forty-eight to accept the offer of the Union
Cemetery of South Carver to transfer to said town and said
town to receive, hold and maintain the property of said
cemetery corporation, as authorized by chapter one hundred
and seventy-three of the acts of nineteen hundred and forty-
eight, is hereby validated and confirmed in so far as such
action may be invalid by reason of the fact that said accept-
ance was not voted within six months of the effective date
of said chapter one hundred and seventy-three.

Section 2. This act shall take effect upon its passage.

Approved April 8, 1949.

An Act authorizing the city of north adams to appro- Qho^ 151

PRIATE MONEY FOR THE PAYMENT OF, AND TO PAY, CERTAIN
UNPAID BILLS.

Be it enacted, etc., as follows:

Section 1. The city of North Adams is hereby author-
ized to appropriate money for the payment of, and after
such appropriation the treasurer of said city is hereby au-
thorized to pay, such of the unpaid bills incurred by said
city and totalling eight hundred and eighty-one dollars and
eighty cents, as set forth in the list on file in the office of the
director of accounts in the department of corporations and
taxation, as are legally unenforceable against said city,
either by reason of their being incurred in excess of avail-
able appropriations or by reason of the failure of said city to
comply with the provisions of its charter, and as are certi-
fied for payment by the heads of the departments wherein
the bills were contracted ; provided, that the money so appro-
priated to pay such bills shall be raised by taxation in said
city.

Section 2. No bill shall be approved by the city auditor
of said city for payment or paid by the treasurer thereof
under authority of this act unless and until certificates have
been signed and filed with said city auditor, stating under
the penalties of perjury that the goods, materials or services
for which bills have been submitted were ordered by an oiE-

106

Acts, 1949. — Chap. 152.

cial or an employee of said city, and that such goods and
materials were delivered and actually received by said city
or that such services were rendered to said city, or both.

Section 3. Any person who knowingly files a certificate
required by section two which is false and who thereby re-
ceives payment for goods, materials or services which were
not received by or rendered to said city shall be punished by
imprisonment for not more than one year or by a fine of not
more than three hundred dollars, or both.

Section 4. This act shall take eft'ect upon its passage.

Approved April 8, 194-9.

Emergency
preamble.

Chap.152 An Act further regulating the holding of town

MEETINGS.

Whereas, The deferred operation of this act would
tend to defeat its purpose, which in part is to make its
provisions apply to town meetings in the current year,
therefore it is hereby declared to be an emergency law,
necessary for the immediate preservation of the public
convenience.

Be it enacted, etc., as follows:

Section 1, Section 10 of chapter 39 of the General
Laws, as most recently amended by chapter 182 of the
acts of 1939, is hereby further amended by inserting after
the third sentence the following : — The town meeting
may be held in not more than two places; provided, that
the two places are connected by means of a public address
system and loud speakers so that the proceedings in both
places may be heard and participated in by all the voters
present in both places.

Section 2. Section 14 of said chapter 39, as amended,
is hereby further amended by adding at the end the fol-
lowing paragraph : —

If, as provided for in section ten, a town meeting is
held in separate places equipped with a pubhc address
system and loud speaker facilities, the moderator may
appoint an assistant moderator to preside at the place
of meeting whereat the moderator is not present. The
assistant moderator shall have all the powers vested by
law in the moderator to preside at and regulate the pro-
ceedings in the meeting at which he presides except that
he shall not recognize any citizen desiring to address the
meeting except after first obtaining permission of the
moderator. Approved April 8, 1949.

G. L. (Ter.
Ed.), 39, § 10,
etc., amended.

Town meeting
may be held
in more than
one place under
certain condi-
tions.

G. L. (Ter.
Ed.), 39, § 14,
etc., amended.

Assistant mod-
erator may be
appointed to
act as mod-
erator under
certain con-
ditions.

Acts, 1949. — Chaps. 153, 154. 107

An Act extending the time within which the town of Qhn^ 1 53

HANSON MAY BORROW MONEY FOR THE CONSTRUCTION ^'

AND FURNISHING OF A NEW SCHOOL BUILDING, AND IN-
CREASING THE AMOUNT WHICH MAY BE SO BORROWED.

Be it enacted, etc., as follows:

Section 1. Section 1 of chapter 395 of the acts of 1947
is hereby amended by striking out, in hne 4, the word "five"
and inserting in place thereof the word : — seven, — and
by striking out, in hne 5, the words "one hundred" and
inserting in place thereof the words : — three hundred and
fifty, — so as to read as follows : — Section 1 . For the
purpose of constructing and originally equipping and fur-
nishing a school building, the town of Hanson may borrow,
from time to time, within a period of seven years from the
passage of this act, such sums as may be necessary, not
exceeding, in the aggregate, three hundred and fifty thousand
dollars, and may issue bonds or notes therefor, which shall
bear on their face the words, Hanson School Loan, Act of
1947. Each authorized issue shall constitute a separate
loan, and such loans shall be paid in not more than twenty
years from their dates. Indebtedness incurred under this
act shall be in excess of the statutory limit but shall, except
as provided herein, be subject to chapter forty-four of the
General Laws, exclusive of the limitation contained in the
first paragraph of section seven thereof.

Section 2. This act shall take effect upon its passage.

Approved April 8, 1949.

An Act authorizing the town of hawley to borrow (J}iQ/n 154

MONEY FOR SCHOOL PURPOSES.

Be it enacted, etc., as follows:

Section 1. For the purpose of remodeling and construct-
ing additions to schoolhouses, including the original equip-
ment and furnishing of said additions, the town of Hawley
may borrow from time to time within a period of five years
from the passage of this act such sums as may be necessary,
not exceeding in the aggregate twenty thousand dollars,
and may issue bonds or notes of the town which shall bear
on their face the words Hawley School Loan, Act of 1949.
Each authorized issue shall constitute a separate loan and
such loans shall be paid in not more than twenty years
from their dates. Indebtedness incurred under this act
shall be in excess of the statutory limit and shall, except as
provided herein, be subject to the applicable provisions of
chapter forty-four of the General Laws, exclusive of the
limitation contained in the first paragraph of section seven
thereof.

Section 2. This act shall take effect upon its passage.

Approved April 8, 19^9.

108 Acts, 1949. — Chaps. 155, 156.

ChaV.155 ^'^ -^CT TO AUTHORIZE THE TOWN OF SALISBURY TO BORROW

MONEY FOR SCHOOL PURPOSES.

Be it enacted, etc., as follows:

Section 1. For the purposes of constructing a new school
building and originally equipping and furnishing the same,
or for constructing an addition to the present elementary
school building and for originally equipping and furnishing
said addition, the town of Salisbury may borrow, from time
to time, within a period of five years from the passage of
this act, such sums of money as may be necessary, not
exceeding, in the aggregate, two hundred thousand dollars,
and may issue bonds or notes of the town therefor which
shall bear on their face the words, Salisbury School Loan,
Act of 1949. Each authorized issue shall constitute a sepa-
rate loan and such loans shall be paid in not more than
twenty years from their dates. Indebtedness incurred
under this act shall be in excess of the statutory limit of
indebtedness and shall, except as herein provided, be subject
to chapter forty-four of the General Laws, exclusive of the
limitation contained in the first paragraph of section seven
thereof.

Section 2. This act shall take effect upon its passage.

Approved April 8, 1949.

C/ia». 156 ^^ ^^'^ RELATIVE TO THE FILLING AND LEVELLING OF THE
SITES OF DEMOLISHED OR REMOVED BUILDINGS OR
STRUCTURES.

Be it enacted, etc., as follows:

Ed> n^' Section L Chapter 111 of the General Laws is hereby

new § 128A, amended by inserting after section 128 the following section:
fitird of — Section 128A. The board of health may adopt and, from

health may time to time, revise regulations requiring that the site of a
euf^*^ Sils demolished or removed building or structure be levelled to
buUdi^gi^*'^'^ uniform grade by a sanitary fill proper to prevent rodent

harborage and other insanitary conditions.
EdKU3.%7. Section 2. Section 7 of chapter 143 of the General
ameAded.' ' Laws, as appearing in the Tercentenary Edition, is here-
by amended by adding at the end the following sentence:
Site of a — If such a buildiug or structure is taken down or re-

buud/ni'shaii moved, the lot shall be levelled to uniform grade by a
be^ieveiied. proper Sanitary fill to cover any cellar or foundation hole

and any rubble not removed.
Ed)" 143% 3 Section 3. The first paragraph of section 3 of said
etc!, 'amended! chapter 143, as amended by section 2 of chapter 363 of
the acts of 1946, is hereby further amended by inserting
after the word "repair" in fine 8 the words: — , demoli-
cities and ^ion, removal, — so as to read as follows : — Every city,
reJXtT''^ subject to the provisions of its charter and of any
re^Ke-"*"' amendments thereto, and of any special law, relative to
moyai' etc., of (,^6 enactment of ordinances, and every town, for the

buildings, etc.

Acts, 1949. — Chaps. 157, 158. 109

prevention of fire and the preservation of life, health and
morals, by ordinances or by-laws consistent with law and
applicable throughout the whole or any defined part of its
territory, may regulate the inspection, materials, con-
struction, alteration, repair, demolition, removal, height,
area, location and use, and may require permits or licenses
therefor, of buildings and other structures within its limits,
except such as are owned or occupied by the United States,
or owned or occupied by the commonwealth or by any
county, and except bridges, quays and wharves, and may
prescribe penalties not exceeding one hundred dollars
for every violation of such ordinances or by-laws.

Section 4. Said section 3 of said chapter 143 is g. l. (Ter.
hereby further amended by adding at the end the fol- tother^^' * ^'
lowing paragraph : — amended.

The officer or board charged with the duty of issuing Licensing
permits or licenses for the demolition or removal of a req^^fteof
building or structure situated at a site for which no ^,^^0^^^***^
building permit for re-use of the land has been issued, leveUed.
shall require the lot to be levelled to uniform grade by
a proper sanitary fill to cover any cellar or foundation
holes and any rubble not removed.

Section 5. Section 9 of said chapter 143, as amended e^V'i«%9
by section 2 of chapter 697 of the acts of 1945, is hereby etc., 'amended,
further amended by inserting after the first sentence the
following sentence : — In the case of such demolition, Building in-
the inspector of buildings shall cause such lot to be levelled hal''e°ot**'
to uniform grade by a proper sanitary fill. levelled.

Approved April 8, 1949.

An Act relative to certain property in the town of QJidj) 157

WALPOLE which WAS SOLD AND CONVEYED TO SAID TOWN ^'

BY THE COMMONWEALTH.

Be it enacted, etc., as follows:

Section 1 of chapter 376 of the acts of 1948 is hereby
amended by striking out the last sentence and inserting in
place thereof the following sentence : — Said property shall
only be used, let, leased or sold for veterans' housing pur-
poses, or to provide suitable headquarters for any veterans'
organization for which the town now is authorized to fur-
nish headquarters, and conveyed by a deed or deeds ap-
proved as to form by the attorney general.

Approved April 8, 1949.

An Act to authorize the town of east longmeadow Q^dj) \kq

TO BORROW MONEY FOR THE PURPOSE OF CONSTRUCTING, ^'

EQUIPPING AND FURNISHING SCHOOL BUILDINGS.

Be it enacted, etc., as follows:

Section 1. For! the purpose of constructing and origi-
nally equipping and furnishing new school buildings, the town
of East Longmeadow may borrow, from time to time, within

no Acts, 1949. — Chap. 159.

a period of five years from the date on which this act becomes
fully effective as provided in the following section, such
sums as may be necessary, not exceeding, in the aggregate
five hundred thousand dollars, and may issue bonds or
notes therefor which shall bear on their face the words,
East Longmeadow School Building Loan, Act of 1949.
Each authorized issue shall constitute a separate loan and
such loans shall be paid in not more than twenty years from
their dates. Indebtedness incurred under this act shall be
in excess of the statutory limit but shall, except as pro-
vided herein be subject to chapter forty-four of the General
Laws, exclusive of the limitation contained in the first para-
graph of section seven thereof.

Section 2. This act shall be submitted for acceptance
to the voters of said town at any town meeting held within
three years after its passage in the form of the following
question which shall be placed on the official ballot for the
election of town officers, if action is to be taken at an annual
town meeting, or on a printed ballot to be prepared for use
in connection with the voting list if action is taken at a
special town meeting: "Shall an act passed by the general
court in the year nineteen hundred and forty-nine, entitled,
'An Act to authorize the town of East Longmeadow to
borrow money for the purpose of constructing, equipping
and furnishing school buildings', be accepted?" If a ma-
jority of the votes in answer to said question is in the affirm-
ative, then the act shall thereupon become fully effective,
but not otherwise. Approved April 8, 1949.

Chap.159 An Act authorizing the transfer of certain land

ON CHURCH STREET IN THE CITY OF BOSTON FROM THE
SCHOOL DEPARTMENT TO THE PUBLIC WELFARE DEPART-
MENT OF SAID CITY.

Be it enacted, etc., as follows:

Section 1. The school committee of the city of Boston
is hereby authorized to transfer to the overseers of the pubhc
weKare of said city, acting as a department of said city,
control and charge of any part or parts or the whole of the
parcel of land containing approximately fifty-three hundred
and twenty-eight square feet situated on the southwesterly
side of Church street, between Fayette and Knox streets,
in said city, and held by said city for school purposes. Said
transfer shall take effect upon acceptance thereof by vote
of said overseers of the public weKare. Thereafter so much
of said land as is transferred hereunder shall be under the
control and charge of said overseers of the public welfare
and shall be held like any land held by said city for the pur-
poses of its public welfare department.

Section 2. This act shall take full effect upon its ac-
ceptance during the current year by vote of the city council
of said city, subject to the provisions of its charter, but not
otherwise. Approved April 8, 1949.

Acts, 1949. — Chaps. 160, 161. HI

An Act changing the name of the brookline street- Chav. 160

ESSEX STREET-COTTAGE FARM BRIDGE OVER THE CHARLES
RIVER BASIN BETWEEN THE CITIES OF BOSTON AND CAM-
BRIDGE TO BOSTON UNIVERSITY BRIDGE.

Be it enacted, etc., as follows:

Section 1. The Brookline Street-Essex Street-Cottage
Farm bridge, known as Cottage Farm bridge, and crossing
the Charles river basin from Boston to Cambridge, shall
hereafter be known, designated and called the Boston Uni-
versity bridge.

Section 2. The metropolitan district commission, having
charge of the support, management and repair of said bridge,
is hereby authorized and directed to place upon said bridge
in a conspicuous place a tablet or marker dedicated to
Boston University. Approved April 8, 1949.

An Act providing for a limitation of the term of a rjJid'n i gi
person elected to fill a vacancy in the school ^'

committee of the city of GLOUCESTER.

Be it enacted, etc., as follows:

Section 1. Section 25 of chapter 611 of the acts of 1908
is hereby amended by striking out, in line 5, the words
"for the unexpired term" and inserting in place thereof the
words : — until the next municipal election when the voters
shall elect a person for the balance of the unexpired term,
— so as to read as follows : — Section 25. If there is a
vacancy in the school committee by failure to elect or other-
wise, the municipal council and the remaining members of
the school committee shall meet in joint convention and
elect a suitable person to fill the vacancy until the next
municipal election when the voters shall elect a person for
the balance of the unexpired term. The mayor, if present,
shall preside at such convention.

Section 2. This act shall be submitted for acceptance
to the registered voters of the city of Gloucester at its
regular city election in the current year in the form of the
following question which shall be placed upon the official
ballot to be used at said election: — "Shall an act passed
by the general court in the year nineteen hundred and forty-
nine, entitled ' An Act providing for a limitation of the term
of a person elected to fill a vacancy in the school committee
of the city of Gloucester', be accepted?" If a majority of
the votes in answer to said question is in the affirmative,
then this act shall thereupon take full effect, but not other-
wise. Approved April 8, 1949.

112 Acts, 1949. — Chaps. 162, 163, 164.

Chap. 162 An Act authorizing the restoration of martin j.
CtAughan to the eligible list for police officers in
the city of holyoke.

Be it enacted, etc., as follows:

Section 1. The director of civil service is hereby au-
thorized and directed, upon the request of the mayor of the
city of Holyoke, to restore Martin J. Gaughan to the eligible
list for police officers in the police department of said city
without examination and in accordance with the civil serv-
ice law and rules, if and when an eligible list is established
for said city.

Section 2. This act shall take full effect upon its ac-
ceptance, during the current year, by vote of the city council
of said city, subject to the provisions of its charter, but not
otherwise. Approved April 8, 1949.

Chap.l6d An Act authorizing cities and towns to make appropri-
ations FOR THE suppression AND ERADICATION OF
RAGWEED.

Be it enacted, etc., as follows:

EdVlo^'so Section 5 of chapter 40 of the General Laws, as amended,

etc., 'amended, is hereby further amended by inserting after clause (36) the

following clause : —

towasmay (36A) For acquiring information regarding the growth

appropriate of ragwecd within its limits and for doing such things as are

"adiTatro'n considcrcd necessary to suppress, eradicate and destroy

of ragweed. ragwecd. Such appropriations shall be expended under the

direction of such department as may be designated by the

town meeting in a town or the city council in a city. Duly

authorized officials of any city or town in which such

appropriations are voted, or their agents, representatives or

employees, may enter upon land within the limits thereof

to carry out the purposes for which such appropriations

are voted. Approved April 8, 1949.

Chap. 164: An Act authorizing the county commissioners of

HAMPSHIRE COUNTY TO EXPEND MONEY FOR ADVERTISING
THE RECREATIONAL, INDUSTRIAL AND AGRICULTURAL AD-
VANTAGES OF THE COUNTY.

Be it enacted, etc., as follows:

Section 1 of chapter 105 of the acts of 1939 is hereby
amended by inserting after the word "recreational", in
line 2, the words : — , industrial and agricultural, — so
that the first sentence will read as follows: — The county
commissioners of Hampshire county, for the purpose of
advertising the recreational, industrial and agricultural
advantages of said county, may expend such sums, not
exceeding, in the aggregate, five thousand dollars in any

Acts, 1949. — Chaps. 165, 166. 113

one year, as may be appropriated therefor; provided, that
such expenditures from money so appropriated shall not at
any time be more than the sum which shall have been con-
tributed by public subscription or by donation deposited
with the county treasurer for the purpose aforesaid.

Approved April 8, 1949.

An Act authorizing the county commissioners of nhnrt 165

FRANKLIN COUNTY TO EXPEND MONEY FOR ADVERTISING ^'
THE RECREATIONAL, INDUSTRIAL AND AGRICULTURAL
ADVANTAGES OF THE COUNTY.

Be it enacted, etc., as follows:

Section 1 of chapter 106 of the acts of 1939 is hereby
amended by inserting after the word "recreational", in
line 2, the words: — , industrial and agricultural, — so
that the first sentence will read as follows : — The county
commissioners of Franklin county, for the purpose of ad-
vertising the recreational, industrial and agricultural ad-
vantages of said county, may expend such sums, not
exceeding, in the aggregate, five thousand dollars in any
one year, as may be appropriated therefor; provided, that
such expenditures from money so appropriated shall not
at any time be more than the sum which shall have been
contributed by public subscription or by donation deposited
with the county treasurer for the purpose aforesaid.

Approved April 8, 1949.

An Act authorizing the county commissioners of
hampden county to expend money for advertising
the recreational, industrial and agricultural
advantages of the county.

Be it enacted, etc., as follows:

Section 1 of chapter 107 of the acts of 1939 is hereby
amended by inserting after the word "recreational", in
line 2, the words: — , industrial and agricultural, — so
that the first sentence will read as follows : — The county
commissioners of Hampden county, for the purpose of
advertising the recreational, industrial and agricultural
advantages of said county, may expend such sums, not
exceeding, in the aggregate, five thousand dollars in any
one year, as may be appropriated therefor; provided, that
such expenditures from money so appropriated shall not
at any time be more than the sum which shall have been
contributed by public subscription or by donation deposited
with the county treasurer for the purpose aforesaid.

Approved April 8, 1949.

C/iap. 166

114

Acts, 1949. — Chaps. 167, 168, 169, 170.

Chap. 1Q7 -^N -^CT RELATIVE TO LEAVES OF ABSENCE OF PERMANENT

CIVIL SERVICE EMPLOYEES.

Be it enacted, etc., as follows:

Section 15D of chapter 31 of the General Laws, inserted
by section 5 of chapter 704 of the acts of 1945, is hereby
amended by striking out the paragraph defining the word
"Absence" and inserting in place thereof the following para-
graph:—

"Absence", as used in this section, shall not include ab-
sence because of military service or illness, absence on edu-
cational leaves or absence on leaves of absence in heu of
lay-off resulting from lack of work or lack of money.

Approved April 8, 1949.

G. L. (Ter.
Ed.), 31,
§ 15D, etc.,
amended.

" Absence"
defined.

Chap. 168 An Act repealing certain temporary provisions of law

RELATING TO TRANSFERS OF CIVIL SERVICE EMPLOYEES.

Be it enacted, etc., as follows:

Chapter 492 of the acts of 1943 is hereby repealed.

Approved April 8, 1949.

Chap.lQ9 An Act repealing certain temporary provisions of the

CIVIL SERVICE LAW RELATING TO APPOINTMENTS AND PRO-
MOTIONS THEREUNDER DURING THE WAR EMERGENCY.

Be it enacted, etc., as follows:

Sections 3A, 3B and 3C of chapter 708 of the acts of 1941,
inserted by section 2 of chapter 610 of the acts of 1945, are
hereby repealed. Approved April 8, 1949.

G. L. (Ter.
Ed.), .31, § 43,
etc., amended.

Chap. 170 An Act clarifying the civil service law relating to

SEPARATION FROM THE OFFICIAL OR LABOR SERVICE RE-
SULTING FROM LACK OF WORK OR LACK OF MONEY OR FROM
ABOLITION OF POSITIONS.

Be it enacted, etc., as follows:

Section 1. Paragraph (a) of section 43 of chapter 31 of
the General Laws, as appearing in section 1 of chapter 373
of the acts of 1947, is hereby amended by striking out, in
hues 18 and 19, the words "otherwise expressly provided
in this chapter" and inserting in place thereof the words:
— , except in cases of separation from service in the official
or labor service, resulting from lack of work or lack of money
or from abolition of positions, in which case at least seven
days' written notice of hearing shall be given by the appoint-
ing authority, — so as to read as follows: — (a) Every per-
son holding office or employment under permanent appoint-
ment in the official or labor service of the commonwealth,
or of any county, city or town thereof, shall have unlimited
tenure of office or employment, subject to the provisions of

Removal,

suspension,
reduction in
grade or trans-
fer of certain
persons in
classified pub-
lic service.

Acts, 1949. — Chap. 170. 115

this chapter and the rules made thereunder. He shall not
be discharged, removed, suspended for a period exceeding
three days, laid off, transferred from such office or employ-
ment without his consent, lowered in rank or compensation,
nor shall his office or position be abolished, except for just
cause and for reasons specifically given him in writing, to-
gether with a copy of sections forty-three and forty-five of
this chapter. Before any action affecting employment or
compensation referred to in the preceding sentence is taken,
the officer or employee shall be given a full hearing before
the appointing authority, of which hearing he shall have at
least three days' written notice, exclusive of Sundays and
holidays, from the appointing authority, except in cases of
separation from service in the official or labor service, result-
ing from lack of work or lack of money or from abolition of
positions, in which case at least seven days' written notice of
hearing shall be given by the appointing authority. Within
two days, exclusive of Sundays and holidays, after comple-
tion of said hearing, the appointing authority shall give to
the employee affected a written notice of his decision, stating
fully and specifically the reasons therefor.

Section 2. Section 46G of said chapter 31, as most g. l. (Ter.
recently amended by section 9 of chapter 704 of the acts of § 46a etc.,
1945, is hereby further amended by striking out, in line 9 amended.
and in line 20, the word "point" and inserting in place
thereof, in each instance, the word : — length, — so as to
read as follows : — Section IfiG. If the separation from Reinstatement
service of persons in the official or labor service results from pj °*e^e7 ®™'
lack of work or lack of money or from abolition of positions,
they shall be separated from service by class and grade,
except as hereinafter provided, and be reinstated therein in
the same position or in a similar position as that formerly
held by them, according to their seniority in the service, so
that the senior officers or employees in length of service
shall be retained the longest and reinstated first and before
any certification of new names. Before any action is taken
to effect such a separation from service of any officer or em-
ployee, seven days' written notice thereof shall be given to
him by the appointing authority.

If before action is taken to effect such a separation and
within said seven days an officer or employee files his written
consent with the appointing officer, he shall be demoted to
the next lower grade or grades in succession in the official
service or to the next lower class or classes in succession in
the labor service, if in such lower grades or classes there is
an officer or employee junior to him in length of service. As
soon as sufficient work or money is available, officers or em-
ployees so demoted shall be restored to the grade or class
formerly held hy them, according to their seniority.

Nothing in this section shall impair the preference pro-
vided for disabled veterans by section twenty-three.

Approved April 8, 1949.

116

Acts, 1949. — Chaps. 171, 172, 173.

G. L. (Ter.
Ed.), 231,
new I 125A,
added.

Further report
of facts on
appeal in
equity or
probate cases.

Chap. 171 An Act relative to the further report of material

FACTS IN EQUITr AND PROBATE APPEALS WHERE THE
EVIDENCE IS NOT REPORTED.

Be it enacted, etc., as follows:

Section 1. Chapter 231 of the General Laws is hereby
amended by inserting after section 125 the following sec-
tion: — Section 125 A. Upon appeal in any case, in equity
or probate, where the evidence is not reported, the full court,
if of opinion that a report of material facts required by or
made under section twenty-three of chapter two hundred
and fourteen, or section eleven of chapter two hundred and
fifteen is not sufficient to enable the court properly to adjudi-
cate the subject matter involved, may in its discretion, by
order transmitted to the trial court, direct the justice, or
judge, to make such further report of facts as the full court
shall deem necessary. Upon compliance with such direc-
tion, seven typewritten copies of such further report shall
be filed by the clerk or register with the clerk of the supreme
judicial court for the commonwealth for the use of the full
court.

Section 2. This act shall take effect upon its passage.

Approved April 12, 1949.

Chap. 172 An Act relative to the granting of vacations for
members of the regular or permanent police and
fire forces in certain cities and towns.

Whereas, The deferred operation of this act would tend
to defeat its purpose, which is in part to make available to
certain police officers and firemen the benefits thereof dur-
ing the vacation period in the current year, therefore it is
hereby declared to be an emergency law, necessary for the
immediate preservation of the public convenience.

Be it enacted, etc., as follows:

Chapter 41 of the General Laws is hereby amended by
striking out section 11 lA, as amended by chapter 107 of
the acts of 1934, and inserting in place thereof the follow-
ing: — Section 111 A. In any city or town which accepts
this section, all members of its regular or permanent police
or fire force shall be granted a vacation of not less than two
weeks during each year of their employment, without loss
of pay. Section one hundred and eleven shall not apply
to the members of the regular or permanent poUce or fire
force in any such city or town. Approved April 12, 1949.

Chap. 17S An Act providing for the promotion of george f.
keegan to the position of commercial motor ve-
hicle investigator in the department of public
utilities.

Whereas, The deferred operation of this act would tend
to defeat its purpose, which is in part to make the promotion

Emergency

preamble.

G. L. (Ter.
Ed.), 41.
§ UlA. etc.,
amended.

Vacations for
regular or
permanent
police and
firemen.

Emergency
preamble.

Acts, 1949. — Chap. 174. 117

authorized thereby effective without delay, therefore it is
hereby declared to be an emergency law, necessary for the
immediate preservation of the public convenience.

Be it enacted, etc., as follows:

Notwithstanding any provisions of chapter thirty-one of
the General Laws, upon a requisition being made by the
appointing authority of the department of public utilities,
George F. Keegan, a commercial motor vehicle examiner in
said department, shall be certified for promotion to the po-
sition of commercial motor vehicle investigator in said de-
partment by the director of civil service.

Approved April 12, 1949.

An Act authorizing cities and towns to form districts nhn^ 1 74

AND POOL their EXPENDITURES FOR THE SUPPRESSION ^'

OF GYPSY MOTHS AND SIMILAR PUBLIC NUISANCES.

Whereas, The deferred operation of this act would tend ^^^^^1°"^
to defeat its purpose, which is to enable the public authorities ^'^*™
to proceed immediately for the purpose of eradicating insect
pests, therefore it is hereby declared to be an emergency
law, necessary for the immediate preservation of the public
safety and convenience.

Be it enacted, etc., as follows:

Chapter 132 of the General Laws is hereby amended by g. l. (Ter.
inserting after section 18, as most recently amended by ne*^;?5\^|A,
section 14 of chapter 660 of the acts of 1948, the following added,
section: — Section 18 A. Two or more cities or towns in cities and
any county, or two or more cities and towns of two or more fom^di^tncts
contiguous counties, may, in a city by vote of the city council for suppression
thereof, and in a town by vote of the town, with the per- mo^h^fetc.
mission of the chief moth superintendent, and upon approval
of the commissioner, form a district for the purpose of com-
bining their efforts in the suppression of the insect pests
described as public nuisances in section eleven, and may
combine and pool and pay over to the district treasurer
provided for by this section their appropriations made for
such purpose and all payments made by the commonwealth
to such cities and towns, together with any sums received
from the federal government or any other source, for such
suppression. When any city or town shall have complied
with the order of the chief moth superintendent as to the
payment of its contributions, it shall be considered as having
complied with the provisions of this chapter with reference
to expenditures and work done by cities and towns for the
suppression of said public nuisances.

Any city or town adjoining property under the control
of the metropolitan district comrtiission may receive and
use any of the funds available from the metropolitan district
commission for the above purposes.

The treasurer of one of the municipalities comprising
such district, designated by the commissioner, shall be

118 Acts, 1949. — Chap. 175.

treasurer of the district and shall give to the district a bond,
with a surety company authorized to transact business in
the commonwealth as surety, for the faithful performance
of his duties as treasurer of the district in such sum and upon
such conditions as said commissioner may require. The
district treasurer shall disburse the money received under the
provisions hereof upon warrants approved by the chief moth
superintendent, or such other person as is designated in
writing by the commissioner.

Persons engaged in such work shall be employees of the
cities and towns in the district where they are domiciled
and not employees of the district, and shall retain all their
retirement and civil service rights, if any.

In the performance of any work authorized hereunder
the employees of the cities and towns comprising the district
shall have the same immunities and privileges as if per-
forming the same within their respective cities and towns.

Any constituent city or town by vote may withdraw
from the district at the end of any fiscal year of such city
or town if such withdrawal is voted in the manner aforesaid
not less than thirty days prior to the end of such fiscal year
and notice of such vote is filed with the other municipalities
comprising the district.

The director of accounts in the department of corporations
and taxation shall cause an audit to be made annually of
the accounts of all districts organized under the authority
of this section and for such purpose he, and his duly ac-
credited agents, shall have access to all necessary papers,
books and records. Said director shall apportion the cost
of each audit among the several municipalities comprising
the district on the basis of the taxable valuation of said
municipalities as last established by the general court for
state and county taxes, and submit the amounts of each
apportionment to the state treasurer, who shall issue his
warrant requiring the assessors of the cities and towns
which comprise the district to assess a tax to the amount
so apportioned, and such amount shall be collected and
paid to the state treasurer as provided by section twenty
of chapter fifty-nine. Approved April 12, 194-9.

Chap. 17 5 An Act authorizing the city of Gloucester to use

FOR PUBLIC SCHOOL PURPOSES A CERTAIN PORTION OF
THE MAXWELL PARSONS PLAYGROUND, SO CALLED, IN
SAID CITY.

Be it enacted, etc., as folloivs:

Section 1. The city of Gloucester is hereby authorized
to use for pubhc school purposes the portion, hereinafter
described, of the Maxwell Parsons playground, so called,
in said city and to place same under the jurisdiction of the
school committee thereof, instead of said portion of said
playground being used for public playground purposes and
being under the jurisdiction of the playground commission

Acts, 1949. — Chap. 176. 119

of said city; said portion of said playground being as fol-
lows : —

A certain parcel of land in that part of Gloucester called
East Gloucester and situated easterly one hundred feet
from the easterly side line of Davis Street Extension, said
street running northerly from Chapel street, and bounded
and described as follows: — Beginning at a point at the
southwesterly corner of the Maxwell Parsons playground,
said point being situated one hundred feet easterly of the
easterly side line of said Davis Street Extension and on the
northerly side line of Division street, and thence running
northeasterly by the land of the city of Gloucester, land
now or formerly of Caswell and land of the city of Gloucester,
three hundred twelve feet, to a point in the wall at land of
Elizabeth Carroll Scott et ali; thence northeasterly by said
land of Scott et ali by the wall, sixty-two feet, more or less,
to a point at other land of the city of Gloucester, being the
Maxwell Parsons playground; thence southwesterly by said
land of said playground, three hundred thirty feet, more or
less, to a point on the northerly side line of Division street;
thence northwesterly by the northerly side line of said Di-
vision street, sixty feet, to the point of beginning.

Section 2. This act shall take full effect upon its ac-
ceptance during the current year by vote of the playground
commission and the municipal council of said city, subject
to the provisions of its charter, but not otherwise.

Approved April 12, 1949.

Chap.l76

An Act providing for the recovery of salary or

WAGES BY petitioners IN CERTAIN MANDAMUS PRO-
CEEDINGS.

Be it enacted, etc., as follows:

Section 5 of chapter 249 of the General Laws, as g. l. (Ter.
most recently amended by section 2 of chapter 374 of ^tc'^'amenled
the acts of 1943, is hereby further amended by insert-
ing after the word "damages", in line 19, the words: — ,
including any salary or wages to which the petitioner may
be entitled, — so as to read as follows : — Section 5. A Mandamus
petition for a writ of mandamus may be presented to a fn°h?^reme
justice of the supreme judicial court, and he may, after jo^the^e-""^
notice, hear and determine the same. Upon the return ooveryot
of the order of notice, the person required to appear shall *^^^^^
tile an answer showing cause why the writ should not
issue, and the petitioner may demur thereto. Unless a
demurrer is filed any affirmative allegation contained in
the answer shall be considered to be denied by the peti-
tioner without a replication, unless the court, upon motion
by the respondent, requires him to reply thereto, and to
state what part, if any, he admits or denies. The court
may require a third person who has or claims a right or
interest in the subject matter to appear and answer and
to stand as the real party. If the respondent is the holder

120 Acts, 1949. —Chaps. 177, 178, 179.

of a. public office and pending the determination of the
cause he ceases to hold that office, the court in its dis-
cretion may, after notice, allow an amendment to sub-
stitute his successor in office as a pai-ty respondent. If
the petitioner prevails, his damages, including any salary
or wages to which the petitioner may be entitled, shall be
assessed and judgment shall be rendered therefor, with
costs, and for a peremptory writ of mandamus; otherwise,
the party answering shall recover costs of the petitioner.
No action shall be maintained for a false answer. All
writs and processes may be issued from the clerk's office
in any county and shall be returnable as the court orders.

Approved April 12, 1949.

Chap.177 An Act to establish the office of assistant chief

DEPUTY SHERIFF FOR ATTENDANCE UPON THE SUPERIOR
COURT IN SUFFOLK COUNTY.

Be it enacted, etc., as follo^vs:
E'd)'22l^ Chapter 221 of the General Laws is hereb}'^ amended
new'sTiA. by inserting after section 71, as appearing in the Ter-
centenary Edition, the following section: — Section 71 A.
d^ulTahtrm '^^^ sheriff of Suffolk county may designate one of the
lor superior court officers of the superior court to act as assistant chief
deputy sheriff for attendance on the superior court in said
county. Such officer, in addition to his regular duties
as a court officer, shall perform such other duties as from
time to time may be prescribed by the sheriff.

Approved April 12, 1949.

Chap.178 An Act validating the zoning by-laws of the town

OF CANTON.

Be it enacted, etc., asfolloivs:

Section 1. The zoning by-laws of the town of Canton
adopted on March' eighth, nineteen hundred and thirty-
seven, are hereby validated snd confirmed if and in so far as
they are invalid by reason of failure to comply fully with
provisions of law regulating the adoption of zoning by-
laws.

Section 2. This act shall take effect upon its passage.

Approved April 13, 1949.

Chap. 179 An Act providing for the allowance of further

TIME FOR FILING A SPECIAL DEMAND FOR PROOF OF
FIDUCIARY OR CORPORATE CAPACITY OR OF THE EX-
ISTENCE OF A PUBLIC WAY IN CIVIL ACTIONS.

Be it enacted, etc., as follows:

Ed)"2J"§30 Section 30 of chapter 231 of the General Laws, as appear-

umended! ' ing in the Tercentenary Edition, is hereby amended by

inserting after the word "allegation", in line 6, the words:

Acts, 1949. — Chaps. 180, 181. 121

— , or within such further time as the court may allow on
motion and notice, — so as to read as follows: — *Sec<ion Further time
SO. If it is alleged in any civil action or proceeding that a dli demand
party is an executor, administrator, guardian, trustee, o^g^'ucfary
assignee, conservator or receiver or is a corporation, or that capacity, etc.
a place is a public way, such allegation shall be taken as
admitted unless the party controverting it files in court,
within the time allowed for the answer thereto, or within
ten days after the filing of the paper containing such alle-
gation, or within such further time as the court may
allow on motion and notice, a special demand for its proof.

Approved April 13, 1949.

An Act validating the town election in the town of QliQ/n igQ

NORTH BROOKFIELD HELD IN THE CURRENT YEAR.

Be it enacted, etc., as follows:

Section 1. The town election of the town of North
Brookfield held on February seventh in the current year,
and all acts and proceedings of said town and of its boards
and officers and all acts of any other persons, in so far as
said election, acts or proceedings may be illegal or invalid
by reason of the fact that said election was held on the first
Monday of February instead of on the second Monday of
February, are hereby made legal and valid.

Section 2. This act shall take effect upon its passage.

Approved April 18, 1949.

An Act relative to the filing in cities having a plan e Qhav 181

FORM OF charter BY CANDIDATES FOR ELECTION TO
MUNICIPAL OFFICE THEREIN OF CERTAIN STATEMENTS AND
PETITIONS.

Whereas, The deferred operation of this act would tend ^^l^^^^^'
to defeat its purpose which, in part, is to make its provisions
apply to the filing of certain statements and petitions by
candidates for election to municipal office in certain cities
in the current year, therefore it is hereby declared to be an
emergency law, necessary for the immediate preservation
of the pubhc convenience.

Be it enacted, etc., as follows:

The first paragraph of section 110 of chapter 43 of the g. l. cvpt.
Genera] I^aws, as appearing in section 15 of chapter 378 ftti'am'etdid.'
of the acts of 1938, is hereby amended by striking out, in
line 5, the word "ten" and inserting in place thereof the
word: — twenty-eight, — so as to read as follows : — Any Filing by
registered voter of the city who is eligible for election to any certlin'^oftie"
elective municipal bodj'- shall be entitled to have his name of certain
printed as a candidate therefor on the official ballot to be and ^tiUons.
used at the regular municipal election; provided, that at
least twenty-eight days prior to such election there shall
be filed with the city clerk a statement in writing of his

122

Acts, 1949. — Chaps. 182, 183.

candidacy, signed by him, and with such statement the
petition of not less than fifty nor more than one hundred
registered voters of the city, whose signatures shall have
been certified as required by law. Except as aforesaid, no
person shall be entitled to have his name printed as a candi-
date on such ballot. Said statement and petition shall be
in substantially the following form :

Approved April 18, 1949.

Chap. 182 An Act relative to subdivision control, so called,

UNDER THE LAWS PROVIDING AN IMPROVED METHOD OF
MUNICIPAL PLANNING.

G. L. (Ter.
Ed.), 41, §81N,
etc., amended.

No modifica-
tion of plat of
certain lands
without con-
sent of owner.

G. L. (Ter.
Ed.), 41, §810,
etc., amended.

No easement
in other than
public ways,
etc., in certain
cities and
towns.

Be it enacted, etc., as follows:

Section 1. Section 8 IN of chapter 41 of the General
Laws, inserted by section 4 of chapter 340 of the acts of
1947, is hereby amended by adding at the end the follow-
ing paragraph : —

No modification, amendment or rescission of the approval
of a plat of a subdivision or change in such plat under this
section shall affect lots, sites and divisions which have been
sold or mortgaged in good faith and for a valuable considera-
tion subsequent to the approval of the plat, or any rights
appurtenant thereto, without the consent in writing of the
owner of such lots, sites or divisions and of the holder of the
mortgage or mortgages, if any, thereon.

Section 2. Section 810 of said chapter 41, inserted by
said section 4 of said chapter 340, is hereby a,mended by
adding at the end the following paragraph : —

In a city or towTi which has established a planning board
under section eighty-one A, or corresponding provisions of
earlier laws, no easement or other right shall be acquired in
a way other than a public way within a subdivision, either
e.xpressly or by implication, unless such way is shown on a
plat approved by the planning board under section eighty-
one M. Approved April 18, 1949.

Chap.lSS A.N Act making admissible in evidence in cases of

CONTRACT OR TORT FOR MALPRACTICE CERTAIN STATE-
MENTS OF FACT OR OPINION CONTAINED IN PUBLISHED
TREATISES, PERIODICALS, BOOKS AND PAMPHLETS.

Be it enacted, etc., as follows:

Section 1. Chapter 233 of the General Laws is hereby
amended by inserting after section 79B, inserted by section
1 of chapter 385 of the acts of 1947, the following section: —
Section 79C. A statement of fact or opinion on a subject
of science or art contained in a published treatise, periodical,
book or pamphlet shall, in the discretion of the court, and
if the court finds that it is relevant and that the writer of
such statement is recognized in his profession or calling as
an expert on the subject, be admissible in actions of contract

G. L. (Ter.
Ed.), 233,
new 5 790,
added.

Data in
periodicals,
books, etc.,
admissible as
evidence in
certain cases.

Acts, 1949. — Chaps. 184, 185. 123

or tort for malpractice, error or mistake against physicians,
surgeons, dentists, optometrists, hospitals and sanitaria,
as evidence tending to prove said fact or as opinion evidence;
provided, however, that the party intending to offer as
evidence any such statement shall, not less than three days
before the trial of the action, give the adverse party notice
of such intention, stating the name of the writer of the state-
ment and the title of the treatise, periodical, book or pamph-
let in which it is contained.

Section 2. This act shall take effect on September first ff^e''*'''^
in the current year. Approved April 18, 1949.

An Act relative to arrests without a w^ arrant for Qfinrf Igd.

LARCENY. ^'

Be it enacted, etc., as follows:

Section 28 of chapter 276 of the General Laws, as appear- g. l. (Ter.
ing in the Tercentenary Edition, is hereby amended by ^menlld! ^ ^^'
inserting after the word "process", in line 1, the words: —
may arrest without the issuance of a warrant and detain a
person found by him in the act of stealing property in his
presence regardless of the value of the property stolen, and,
— so as to read as follows : — Section 28. Any officer Arrests for
authorized to serve criminal process may arrest without the ^'t'hout a*""
issuance of a warrant and detain a person found by him in warrant.
the act of stealing property in his presence regardless of the
value of the property stolen, and may arrest and detain a
person charged with a misdemeanor, without having a war-
rant for such arrest in his possession, if the officer making
such arrest and detention shall have actual knowledge that
a warrant then in full force and effect for the arrest of such
person has in fact issued. Approved April 18, 1949.

An Act to authorize the enforcement of certain Qfidj) lg5

SURETY BONDS BY PERSONS FURNISHING LABOR OR MA-
TERIALS on private BUILDING PROJECTS.

Be it enacted, etc., as follows:

Chapter 149 of the General Laws is hereby amended by g. l. (Ter.
inserting after section 29 the following section: — Section ^^^'^^29 k.
29 A. Whenever any surety bond shall be given in connec- added.
tion with any written contract for the erection, alteration, of^certain''"*
repair or removal of any private building or structure upon surety bonds
privately owned land, containing a condition for the payment mIteriaL on
of all labor and material used or reasonably required for use pro^jeSs
in the perfonnance of the contract, any person who furnishes
such labor or materials shall be entitled to sue for his own use
and benefit upon such bond in accordance with its provisions.

Approved April 18, 1949.

124 Acts, 1949. — Chaps. 186, 187.

Chap.lSQ An Act to regulate the holding of elections by the

BOSTON firemen's RELIEF FUND.

Be it enacted, etc., as follows:

Section 2 of chapter 308 of the acts of 1909, as amended
by section 1 of chapter 134 of the acts of 1911, is hereby-
further amended by striking out the last sentence, and in-
serting in place thereof the following: — The annual election
of the members of the corporation shall be under the su[)er-
vision of an election committee of eight members appointed
by the fire commissioner of the city of Boston; and sriid
election shall be by secret Australian ballot and shall be
conducted at the fire department headquarters of the city
of Boston between the hours of eight o'clock in the forenonn
and eight o'clock in the afternoon. The election committee
shall have the power to prescribe the form of common ballot
box and checkoff list, and rules for observers. Ballots shall
be counted immediately after the close of the election imder
the supervision of the election committee.

Approved April 18, 1949.

Chap. 187 An Act making further changes in the laws relative

TO CARRIERS OF PROPERTY BY MOTOR VEHICLE FOR COM-
PENSATION.

Be it enacted, etc., as follows:

Ed)' 159B Section 19 of chapter 159B of the General Laws, as fippear-

§ 19,' etc.. ■ ing in section 1 of chapter 483 of the acts of 1938, is hereby
amended. amended by inserting after the word "person", in line 1,

the following: — , whether carrier, shipper, consignee, or
broker, or any officer, employee, agent, or representative
Carriers of thereof, — SO as to read as follows: — Section 19. No per-

property b.v 1,1 . , . . 11

motor vehicle SOU, whether carrier, shipper, consignee, or broker, or any
tfJn*'prohiWted officer, employee, agent, or representative thereof, shall (1)
act^^tfes'^'" knowingly offer, grant or give, or solicit, accept or receive,
any rebate, concession or discrimination in violation of any
provision of this chapter, or (2) by means of anj^ false state-
ment or representation, or by the use of any false or fictii ions
bill, bill of lading, receipt, voucher, roll, account, claim, cer-
tificate, affidavit, deposition, lease or bill of sale, or by any
other means or device, knowingly or wilfully assist, suffer or
permit any person to obtain transportation of property sub-
ject to this chapter for less than the applicable rate or charge,
or (3) by any such means, or otherwise, fraudulently seek to
evnde or defeat regulation as in this chapter provided.

Approved April 18, 1949.

Acts, 1949. —Chaps. 188, 189, 190. 125

An Act shortening the period during which voting (7/^^05 jcc

MACHINES MUST BE SEALED AND LOCKED AFTER PRIMARY
OR PRELIMINARY ELECTIONS IN CITIES AND TOWNS.

Be it enacted, etc., as follows:

Section 135 A of chapter 54 of the General Laws is hereby o. l. (Ter.
amended by inserting after the first sentence, as appearing f^aslf'etc,
in section 25 of chapter 411 of the acts of 1943, the Jollowing amended,
sentence: — All voting machines used in a city or town pri- ^tu^ voting
mary or preliminary election shall remain locked and sealed machines after
for the period of ten days next succeeding the date of such elections *°
primary or preliminary election after which time the voting ^^o^tened.
machines may be unsealed and unlocked and made available
for preparation for use in the succeeding election; provided,
that the registrars of voters upon receipt of a petition for a
recount under section one hundred and thirty-five shall pro-
ceed to inspect, examine, record and do such other things as
are hereinafter provided for at elections.

Approved April 18, 1949.

Chap.lS9

An Act authorizing the register of deeds and the
assistant recorder of the land court for the
county of plymouth to furnish absitiact cards
and photostatic copies of recorded instruments
in the plymouth county registry of deeds and
plymouth registry district of the land court to
the board of assessors of the cities and towns
of said county and to establish fees therefor.

Be it enacted, etc., asfolloivs:

Section 24B of chapter 36 of the General Laws, inserted Ed)"3Jl'24B
by section 1 of chapter 569 of the acts of 1945, is hereby etc., 'amended. '
amended by striking out the first paragraph and inserting
in place thereof the following : — The register, or said ^e'e^^j^'^eto ^ in
register as the assistant recorder of the land court of the certain ooun-
county of Norfolk and of the county of Plymouth, shall, fjfrnuh photo-
upon the request of the board of assessors of any city or st^t'" c^'e^
town in said counties, respectively, furnish such board of certain cases,
assessors with an abstract card or a photostatic copy of
such instruments recorded or registered in the registry of
deeds or the registry district of the land court of their
respective counties as affect the title to real estate in their
respective cities or towns and as are necessary for their
records for the purpose of local real estate taxation.

Approved April 18, 1949.

An Act permitting the setting-up and operation of pi , q^.

PRIVATE industrial TRADE EXPOSITIONS, SO CALLED, ^""^P'-^-^^
BETWEEN CERTAIN HOURS ON THE LORD's DAY.

Be it enacted, etc., as follows:

Section 6 of chapter 136 of the General Laws, as most g. l. (Ter.
recently amended by section 4 of chapter 207 of the acts of ftl^'ameiied.

126 Acts, 1949. — Chap. 191.

1946, is hereby further amended by adding at the end the

following paragraph : — ■
dustriai 'ex- ^^^ ^^^^^ ^^' prohibit the necessary preparation for and the

positions per- conducting of private industrial trade expositions which
Lord's day*'''' are uot Open to the general public; provided, that said

expositions shall be kept open only between the hours of one

and ten o'clock post meridian. Approved April 18, 1949.

Chap. 191 An Act authorizing the city of boston to relocate

CERTAIN BUILDINGS IN THE EAST BOSTON DISTRICT OF
SAID CITY AND TO BORROW MONEY OUTSIDE THE DEBT
LIMIT TO MEET THE COST OF SUCH RELOCATION.

Be it enacted, etc., as follows:

Section 1. For the purpose of avoiding, so far as practi-
cable, during the period of public exigency, emergency and
distress now existing on account of the acute shortage of
housing in Boston and many other cities and towns of the
commonwealth, the demoHtion of dwellmg units on land
heretofore or hereafter acquired in the East Boston district
of the city of Boston for the purposes of chapter six hundred
and nuiety-two of the acts of nineteen hundred and forty-
five, as amended, the transit department of the city of Boston,
acting in the name and behalf of said city, may acquire by
eminent domain under chapter seventy-nine or chapter
eighty A of the General Laws or by purchase, gift or other-
wise in said city one or more parcels of land entirely or
almost entirely unoccupied by buildings and, by itself, its
agents or servants or by independent contractors, remove
thereto any or all buildings with dwelling units standing on
land heretofore or hereafter acquired for the purposes of
said chapter six hundred and ninety-two, as amended. If
the price proposed to be paid for a parcel of land for the
aforesaid purposes is more than twenty-five per cent in
excess of its average assessed valuation during the previous
three years, said land shall not be acquired by purchase
but shall be taken by emment domain. Any building legally
in existence prior to its relocation shall retain its legal status
without any alteration which might be required pursuant
to provisions of law relating to the new site. Upon com-
pletion of the removal of a building under this act, said
transit department shall proceed, without further authority
than that contamed in this act, to dispose of the building
and the lot upon which it has been relocated m one or more
of the following ways : —

(a) By private sale to the person who owned the building
immediately prior to its acquisition by the city, at a price
equal (1) to the approximate cost to the city of the removal
of the building and of the acquisition of the lot upon which
the building has been relocated, or (2) to the approximate
cost to the city of the original acquisition of the building
and of the land upon which it then stood, whichever is
higher; or

ACTS; 1949. — Chap. 192. 127

(6) By private sale to any person residing in the building
at the time of its acquisition by the city, at a price equal
(1) to the approximate cost to the city of the removal of
the building and of the acquisition of the lot upon which
the building has been relocated, or (2) to the approximate
cost to the city of the original acquisition of the building
and of the land upon which it then stood, whichever is
higher; or

(c) By sale to the highest bidder at a public auction at
which said transit department may reserve the right to
reject all bids below an amount fixed by said transit depart-
ment. The proceeds from all sales under this act shall be
paid into a special account set up on the books of the city
and known as the "Housing Relocation Fund" and shall
be used solely for the payment of indebtedness incurred
under this act, together with interest thereon; provided,
however, that if the amount in the fund at any time exceeds
the total amount of indebtedness incurred under this act
and then outstanding, together with interest thereon, the
excess may be used for general municipal purposes.

Section 2. To meet the costs and expenses incurred
by said transit department under section one of this act,
the treasurer of said city, without further authority than
that contained in this act, shall borrow from time to time,
as requested by said transit department, such sums as may
be necessary, not exceeding in the aggregate two hundred
and fifty thousand dollars, and may issue bonds and notes
therefor, which shall bear on their face the words "City of
Boston, Housing Relocation Loan, Act of 1949." Each
authorized issue shall constitute a separate loan, and such
loans shall be payable in not more than three years from
their dates. Indebtedness incurred under this act shall be
in excess of the statutory limit, but shall, except as herein
otherwise provided, be subject to all laws relative to the
incurring of debt by said city.

Section 3. This act shall take full effect upon its ac-
ceptance during the current year by vote of the city council
of said city, subject to the provisions of its charter, but not
otherwise. Approved April 18, 1949.

An Act authorizing the town of brookline to sell Chap. 192

CERTAIN PARK LAND NO LONGER NEEDED FOR PUBLIC
USE.

Be it enacted, etc., as follows:

Section 1. The town of Brookline may sell at public
auction or private sale, and convey, the whole or any part
of a certain parcel of real estate situated in said towm which
was acquired for park purposes and is no longer needed for
public use. Said parcel is shown on a plan entitled "Plan
of Land in Brookline, Mass., Walter A. Devine, Town
Engineer, September 28, 1948."

128

Acts, 1949. — Chap. 193.

Said parcel is bounded and described as follows : —

Beginning at a point on the southeasterly side line of
Brookline avenue, said point being seventeen and twenty-
three one hundredths feet southwesterly from the westerly
end of a curve having a radius of ten feet, at the south-
westerly junction of Brookline avenue and River road;
thence running northeasterly on said side line of Brookline
avenue for a distance of seventeen and twenty-three one
hundredths feet; thence running northeasterly, easterly
and southeasterly by a curve to the right having a radius
of ten feet, for a distance of twenty-four and sixty-five
one hundredths feet, to a point on the northwesterly side
line of River road; thence i-unning southerly on the said
side line of River road by a curve to the right having a radius
of two hundred thirty-nine and twenty-four one hundredths
feet, for a distance of twenty-eight and eighty-four one
hundredths feet; thence running northwesterly by land
now or formerly of Marguerite L. Monroe, for a distance
of thirty-four and forty-four one hundredths feet, to the
point of beginning. Containing 657.57 square feet.

Section 2. Action hereunder may be taken by said
town at any town meeting held in the years nineteen
hundred and forty-eight or nineteen hundred and forty-
nine, but not thereafter, except so far as is necessary to
carry out the provisions of any vote passed at said meet-
ing or to use the proceeds of said sale.

Section 3. This act shall take effect upon its passage.

Approved April 20, 1949.

Chap.l9S An Act further regulating the salaries of the

COUNTY COMMISSIONERS OF PLYMOUTH COUNTY.

G. L. (Ter.
Ed.), 34, § 5,
etc., amended.

Be it enacted, etc., as follows:

Section 1. Section 5 of chapter 34 of the General Laws
is hereby amended by striking out the schedule appearing
therein, as am^ended by section 1 of chapter 102 of the acts
of 1943, and as affected by section 4 of chapter 348 of the
acts of 1946, and inserting in place thereof the following
schedule : —

Salaries.

Effective
date.

Dukes Countj'

$630

Franklin, Hampshire

1,950

Barnstable, Berkshire

2,670

Plymouth ....

3,500

Norfolk, Hampden, Bristol

3,570

Worcester, Essex .

4,170

Middlesex ....

4,770

Section 2. This act shall take effect as of January first
in the current year. Approved April 20, 1949.

Acts, 1949. — Chaps. 194, 195, 196. 129

An Act to provide for the prepaeation and free (Jfidp 194

DISTRIBUTION OF ENROLLED VOTERS LISTS TO PRIMARY
CANDIDATES AND TO DULY ORGANIZED POLITICAL COM-
MITTEES.

Be it enacted, etc., as follows:

Section 37 of chapter 53 of the General Laws, as g. l. (Ter.
amended by section 14 of chapter 334 of the acts of 1943, etc.. amended',
is hereby further amended by adding at the end thereof
the following sentence : — Immediately upon the receipt l^aTHumtsh
of a written request from a primary candidate or any officer Ust of voters
of any ward, town or city committee or duly organized certam'^'rTOna.
political committee for a copy of the party enrolment list
of voters in any city or town, the board of registrars or the
election commission, as the case may be, shall immediately
prepare said list and shall furnish at once the said list,
free of charge, to the party requesting the same.

Approved April 20, 1949.

An Act increasing the amount of money the upton Qjidj) 195

CENTER water DISTRICT MAY BORROW.

Be it enacted, etc., as follows:

Section 4 of chapter 220 of the acts of 1946 is hereby
amended by striking out, in lines 5 and 6, the words "one
hundred and fifty" and inserting in place thereof the words:
— two hundred and sixty, — so as to read as follows : —
Section 4- For the purpose of paying the necessary ex-
penses and liabilities incurred under the provisions of this
act, other than expenses of maintenance and operation,
the district may borrow from time to time such sums as
may be necessary, not exceeding, in the aggregate, two
hundred and sixty thousand dollars, and may issue bonds
or notes therefor, which shall bear on their face the words,
Upton Center Water District Loan, Act of 1946. Each
authorized issue shall constitute a separate loan, and such
loans shall be payable in not more than thirty years from
their dates. Indebtedness incurred under this act shall
be subject to the provisions of chapter forty-four of the
General Laws pertaining to such districts.

Approved April 20, 1949.

An Act relative to the preparation, printing and rii^rj^ iqa

DISTRIBUTION OF THE LISTS OF ALL PERSONS TWENTY ^'

YEARS OF AGE OR OLDER IN ALL CITIES AND TOWNS.

Be it enacted, etc., as follows:

Section 6 of chapter 51 of the General Laws, as most Sj^iT^lg
recently amended by section 2 of chapter 188 of the acts etc!, 'amended.
of 1939, is hereby further amended by striking out the next
to the last sentence and inserting in place thereof the fol-

130 Acts, 1949. — Chaps. 197, 198, 199.

wmt*eiL^fficfe°nt ^owuig Sentence : — On or before June fifteenth in each

number of year, the registrars in all cities and towns shall cause a

for^rtain* Sufficient number of such lists to be printed, typed or

purposes. mimeographed so as to furnish, free of charge, such lists,

upon request, to all duly organized political committees

and to all political candidates of the various districts in

which the city or town is located.

Approved April 20, 1949.

Chap. 197 An Act relative to the civil service status of

EGRESS AND ZONING INSPECTORS IN THE BUILDING
department of THE CITY OF BOSTON.

Be it enacted, etc., as follows:

Section 1. The persons who hold the offices of egress
and zoning inspectors in the building department of the
city of Boston on the effective date of this act, and have
held said offices for not less than three years prior to said
date, shall become subject to the civil service laws and
rules and their tenure of office shall be unlimited, subject,
however, to said laws, but they shall be subjected by the
division of civil ser\dce to a qualifying examination, and
upon passing said examination shall be certified for their
respective offices and shall be deemed to be permanently
appointed thereto without being required to serve any
probationary period.

Section 2. This act shall take full effect upon its ac-
ceptance by the city council of the city of Boston subject
to the provisions of its charter, but not otherwise.

Approved April 20, 1949.

Chap.l9S An Act providing for the temporary filling of a

VACANCY m THE PRUDENTIAL COMMITTEE OF THE
CENTERVn^LE-OSTERVILLE FIRE DISTRICT.

Be it enacted, etc., as follows:

Section 8 of chapter 169 of the acts of 1937 is hereby
amended by inserting after the word "qualified" in the
last line the following: — , and any vacancy in the pru-
dential committee may be filled temporarily in the same
manner. Approved April 20, 1949.

Chap.199 An Act relative to sewer assessments in the town of

FRANKLIN.

Be it enacted, etc., as follows:

Section 1. The vote passed by the town of Franklin
under article five of the warrant for the special town meet-
ing held on October thirtieth, nineteen hundred and forty-
six, that one third of the cost of the constmction of a system
of sewers be assessed upon the owners of the estates situated
within the territory embraced by said system and benefited

Acts, 1949. — Chap. 200. 131

thereby, in accordance with chapter six hundred and thirteen
of the acts of nineteen hundred and twelve is hereby deemed
to constitute a vote that said town shall pay two thirds of
the cost of the construction of such system of sewers; that
the remaining one third of said cost of construction shall
be paid by the owners of said estates; and authorizes an
assessment upon the owners of said estates of said remaining
one third of said cost of construction.

Section 2, Within six months after the passage of this
act, the town of Franklin may by vote determine by which
of the methods referred to in or authorized by said chapter
sLx hundred and thirteen of the acts of nineteen hundred
and twelve, or by any applicable provision of the General
Laws, the portion of the cost of the construction of said
system of sewers to be paid by and assessed upon the owners
of said estates shall be made or computed; and the board
of water and sewer commissioners of said town shall assess
the owners of said estates in accordance with the method
determined by such vote; and said board shall within six
months after the passage of such vote cause to be recorded
in the registry of deeds for the county of Norfolk a statement
of its action with respect to the construction of said system
of sewers, which shall specify the public ways in which said
sewers are located, the parcels of land situated within the
territory embraced by said system of sewers and benefited
thereby, by a description or other reference sufficient to
identify such parcels, the respective owners of such parcels,
and the respective amounts of such assessments. Every
assessment made hereunder upon any parcel of such land
shall constitute a lien thereon from the date of the recording
of such statement.

Notwithstanding the provisions of said chapter six hundred
and thirteen, and except as herein otherwise provided, the
provisions of the General Laws shall apply to all assessments
authorized by said chapter six hundred and thirteen, and
by this act, and to the apportionment, division, reassess-
ment, abatement and collection of such assessments, and to
interest thereon. Approved April 20, 1949.

Chap.200

An Act extending the time within which claims may
be filed for reimbursement of taxes on gasoline.

Be it enacted, etc., as follows:

Section 7 of chapter 64A of the General Laws is hereby g. l. (Ter.
amended by striking out, in line 11, as appearing in sec- ^tl'^'am^ndtl'
tion 3 of chapter 420 of the acts of 1943, the words "ninety
days" and inserting in place thereof the words: — six
months. Approved April 20, 1949.

132 Acts, 1949. — Chaps. 201, 202, 203.

Chap. 201 An Act relative to the compensation of members

OF THE BOARD OF APPEAL IN THE CITY OF BOSTON.

Be it enacted, etc., as follows:

Section 1. Paragraph (6) of section 117 of chapter
479 of the acts of 1938 is hereby amended by striking out
the third sentence and inserting in place thereof the fol-
lowing sentence : — Each member of said board shall be
paid twenty dollars for every day or part thereof of actual
service, but no member shall be so paid more than fifteen
hundred dollars in any one year.

Section 2. This act shall take full effect upon its ac-
ceptance by vote of the city council of the city of Boston,
subject to the provisions of its charter, but not otherwise.

Approved April 20, 1949.

Chap. 202 An Act relative to discharging a city or town col-
lector FROM LIABILITY UPON HIS BOND FOR FAILURE
TO COLLECT CERTAIN TAXES.

Be it enacted, etc., as follows:

EdV'6o^§95 Section 95 of chapter 60 of the General Laws is hereby

etc.. 'amended', amended by striking out the last sentence, inserted by

chapter 107 of the acts of 1943, and inserting in place

i^^cit^ies or*°" thereof the following sentence : — A collector shall be

towns dis- discharged from liability upon his bond for failure to col-

UaHuty fo?™ lect taxcs committed to him for collection to the extent that

collet under ^^^ commissioncr shall certify that such taxes are

certain con- presently uncollectible because of judicial order or decree

ditions. Qj, because of the financial embarrassment of a public

service corporation or because of similar reason and that

such taxes are outstanding without fault of such collector;

provided, that for the faithful performance of his duty

to collect such taxes such collector shall forthwith give

a separate bond in such form and sum as the commissioner

may prescribe or approve. Approved April 20, 1949.

Chap. 203 An Act authorizing new England center hospital
TO hold additional real and personal estate.

Be it enacted, etc., as follows:

New England Center Hospital, a charitable corporation
organized under general law under the name Bingham
Associates Fund of Massachusetts, and whose name was
changed to its present one under general law, is hereby
authorized to hold real and personal estate in the manner
and for the purposes set forth in its charter to an amount not
exceeding ten million dollars. Approved April 20, 1949.

Acts, 1949. — Chaps. 204, 205, 206. 133

An Act authohizing the town of canton to borrow Chav-^O^

MONEY FOR THE PURPOSE OF CONSTRUCTING, EQUIPPING
AND FURNISHING A SCHOOL BUILDING.

Be it enacted, etc., as follows:

Section 1. For the purpose of constructing and origi-
nally equipping and furnishing a school building, the town of
Canton may borrow from time to time within a period of
three years from the passage of this act such sums as may be
necessary, not exceeding, in the aggregate, three hundred
and fifty thousand dollars, and may issue bonds or notes
therefor, which shall bear on their face the words, Canton
School Loan, Act of 1949. Each authorized issue shall con-
stitute a separate loan, and such loans shall be paid in not
more than twenty years from their dates. Indebtedness
incurred under this act shall be in excess of the statutory
limit and shall, except as provided herein, be subject to chap-
ter forty-four of the General Laws, inclusive of the limitation
contained in the first paragraph of section seven thereof.

Section 2. Action taken under authority of this act
at any meeting of the town of Canton held in the current
year shall be as effective in all respects as though this act
had been in full force and effect on the date when the war-
rant for such meeting was posted.

Section 3. This act shall take effect upon its passage.

Approved April 21, 1949.

An Act to authorize the beth Israel hospital associa- Chav. 205

TION TO hold additional REAL AND PERSONAL ESTATE.

Be it enacted, etc., as follows:

The Beth Israel Hospital Association, a corporation or-
ganized under general law, is hereby authorized to hold real
and personal estate in the manner and for the purposes set
forth in its charter to an amount not exceeding fifteen million
dollars. Approved April 21, 1949.

An Act relative to the submission of evidence of the nhnv 206

RECEIVING OF INJURY OR DISABILITY IN CONNECTION WITH ^'

exemptions from taxation GRANTED TO CERTAIN DIS-
ABLED VETERANS.

Be it enacted, etc., as follows:

Paragraph (a) of clause Twenty-second of section 5 of gj^'^J^j's
chapter 59 of the General Laws, as most recently amended etc!, 'amended.
by section 1 of chapter 612 of the acts of 1947, is hereby
further amended by adding at the end the following sentence:
— After the assessors have allowed an exemption under this No further
paragraph, no further evidence of the receiving of the injury dj^fbuTty"^
or disability shall be required in any subsequent year in the '"^^'"''^^'^
city or town in which the exemption has been so allowed, tio^ia^^™^

Approved April 21, 1949. ^"''^^-

134 Acts, 1949. — Chap. 207.

Chap.207 An Act reviving and extending the existence of the

MASHPEE ADVISORY COMMISSION.

Whereas, The existence of the Mashpee Advisory Com-
mission expired by law on April fifteenth, nineteen hundred
and forty-eight; and

Whei^eas, It is essential to the welfare of the inhabitants
of the town of Mashpee that said commission be revived and
empowered to function without delay, therefore this act is
hereby declared to be an emergency law, necessary for the
immediate preservation of the public convenience.

Be it enacted, etc., as follows:

Section 1. Section 1 of chapter 223 of the acts of 1932,
as most recently amended by chapter 15 of the acts of 1945,
is hereby further amended by striking out, in lines 8 and 9,
the word "forty-eight" and inserting in place thereof the
word : — fifty-one, — so as to read as follows : — Section 1 .
There is hereby established an unpaid commission, under the
title of the Mashpee Advisory Commission, hereinafter
called the commission, to consist of three members, each of
whom shall be the head of a state department or the head
of a division thereof, designated by the governor, with the
advice and consent of the council, and shall serve for a
period terminating April fifteenth, nineteen hundred and
fifty-one. The governor, with like advice and consent, shall,
from time to time, designate one of the members as chairman,
may remove any member and shall fill any vacancy in the
commission for the unexpired term. The action of any two
of the members shall constitute the action of the commission;
and whenever any action by the commission is required to
be in writing, such writing shall be sufficient when signed
by any two of the members. The commission may employ,
at the expense of the town of Mashpee, such assistants as it
may deem necessary. The commission may assign for
specific or general employment one or more persons within a
state department or division in charge of any member of the
commission, and any expense incurred by reason of such
assignment shall be certified by the commission to the state
treasurer, and shall be collected by him as an additional
state tax upon said town.

Section 2. Said Mashpee Advisory Commission is
hereby revived and its acts and proceedings after April
fifteenth, nineteen hundred and forty-eight, and prior to
the effective date of this act are hereby validated and con-
firmed to the same extent as if the existence of said com-
mission had not terminated on said April fifteenth.

Approved April 26, 1949.

Acts, 1949. — Chaps. 208, 209, 210. 135

An Act authorizing the city of waltham to pay a sum (7/j,^r) 208

OF MONEY TO ELEANOR W. WHITE OF SAID CITY.

Be it enacted, etc., as follows:

Section 1. For the purpose of discharging a moral ob-
ligation, the city of Waltham may appropriate and pay to
Eleanor W. White of said city the sum of twelve hundred
dollars to compensate her for the loss of vision in one eye as
the result of injuries sustained by her in the performance of
duty as an instructor at a playground maintained by said
city.

Section 2. This act shall take effect upon its passage.

Approved April 26, 1949.

Chap.209

An Act to authorize the deerfield fire district to

BORROW money FOR ENLARGING AND IMPROVING THE
WATER SUPPLY SYSTEM.

Be it enacted, etc., as follows:

Section 1. For the purpose of enlarging and improving
the water supply system, including the installation of puri-
fication works, and for major repairs to the existing system,
the Deerfield Fire District, organized under the authority of
chapter four hundred and eight of the acts of nineteen hun-
dred and eleven, may borrow, from time to time, within a
period of two years from the passage of this act, such sums
as may be necessary, not exceeding, in the aggregate, forty
thousand dollars, and may issue bonds or notes of the dis-
trict therefor which shall bear on their face the words,
Deerfield Fire District Water Loan, Act of 1949. Each au-
thorized issue shall constitute a separate loan and such loans
shall be paid in not more than fifteen years from their dates.
Indebtedness incurred under this act shall be within the
statutory limit for water loans as provided by section eight
of chapter forty-four of the General Laws, but shall, except
as provided herein, be subject to the applicable provisions
of said chapter forty-four.

Section 2. This act shall take effect upon its passage.

Approved April 26, 1949.

An Act making permanent certain provisions of
law relating to the disposition of certain crim-
inal cases by district court judges sitting in
the superior court.

Whereas, The purpose of this act is to prevent the Emergency
termination on July first in the current year of the opera- preamble,
tion of certain provisions of law relating to the disposition
of certain criminal cases by district court judges sitting in
the superior court, and said purpose cannot be achieved
unless the act takes effect earlier than ninety days after
its passage, therefore it is hereby declared to be an emer-

Chap.2l0

136

Acts, 1949. — Chap. 210.

G. L. (Ter.
Ed.), 212.
§§ 14B-14E,
added.

District court
judge to sit
as superior
court judge
in certain

Chief justice
of superior
court to
regulate
sessions and
number of
jurors.

Request of
chief justice
that district
court judge
ait shall be
recorded.

Compensation
of district
court judges
while sitting
in superior
court.

gency law, necessary for the immediate preservation of the
pubUc convenience.

Be it enacted, etc., as follows:

Section 1. Chapter 212 of the General Laws is hereby
amended by inserting after section 14A the four following
sections: — Section I4B. A justice of a district court,
except the municipal court of the city of Boston, shall, at
the written request of the chief justice of the superior
court, sit in the superior court at the trial or disposition
with or without a jury in any part of the commonwealth
of any violation of a by-law, order, ordinance, rule or regu-
lation made by a city or town or public officer or of any
misdemeanor except conspiracy or libel, and during the
continuance of such request shall have and exercise all the
powers and duties which a justice of the superior court has
and may exercise in the trial and disposition of such cases;
provided, that no special justice of a district court shall
so sit and that no justice so sitting shall act in a case in
which he has either sat or held an inquest in the district
court or otherwise has an interest.

Section IJ^C. The chief justice of the superior court
may arrange for the holding of such sessions for the trial
and disposition of such cases and for the attendance of such
number of jurors therefor as the interests of justice and the
prompt disposition of such cases may in his judgment
require. Such sessions may be held simultaneously with
other sessions of the superior court or at other times in the
discretion of the chief justice.

Section IJ^D. When a justice of a district court sits in
the superior court as above provided, the fact of his holding
court and the request of the chief justice of the superior
court shall be entered upon the general records of the court
but need not be stated in the record of any case heard by
said district court justice.

Section I4E. Justices of district courts when sitting in
the superior court as herein provided shall receive from the
commonwealth, in addition to their regular salaries, upon
certificate of the chief justice of the superior court, the
amount of expense incurred by them in the discharge of their
duties in connection with such sessions and also such com-
pensation for each court day, while so sitting, as will, when
added to the per diem rate of his regular salary, computed
as provided in section eighty-four of chapter two hundred
and eighteen, amount to forty dollars a day. The com-
pensation of a special justice for services in holding sessions
of a district court in place of a justice of a district court while
sitting in the superior court as herein provided shall be paid
by the county and shall not be deducted from the salary
of the district court justice so sitting in the superior court,
but shall be repaid to the county by the commonwealth.

Section 2. This act is enacted for the sole purpose of
making the provisions of chapter four hundred and sixty-

Acts, 1949. — Chaps. 211, 212. 137

nine of the acts of nineteen hundred and twenty-three, as
amended, effective without limitation as to time, and is to
be construed as a continuation of said provisions and not
as a new enactment.

Section 3. This act shall take effect July first, nineteen Effective
hundred and forty-nine. Approved April 26, 1949. ^^^^'

An Act authorizing counties to suppress gypsy moths Qfidj) 211

AND other similar PUBLIC NUISANCES AND TO PARTICIPATE
IN SUCH WORK.

Whereas, The deferred operation of this act would tend ^^TambiT^
to defeat its purpose, which is to enable the public authori-
ties to proceed immediately for the purpose of eradicating
insect pests, therefore it is hereby declared to be an emer-
gency law, necessary for the immediate preservation of the
public health, safety and convenience.

Be it enacted, etc., as follows:

Chapter 132 of the General Laws is hereby amended by g. l. (Ter.
inserting after section 18A, inserted by chapter 174 of the new^'§\^|B.
acts of 1949, the following section: — Section 18B. Any added.
county may engage in the work of suppression of the insect appropriate*^
pests described as public nuisances in section eleven and money for

'^ . , I- l^ 1 11 suppression

appropriate money lor the same, and may expend such ofgypay
sums as may be appropriated. ™he^ *°^

If all the cities and towns of any county vote to combine nuisances.
their efforts and pool the sums available for suppression of
the insect pests described as public nuisances in said sec-
tion eleven, the county treasurer shall receive and disburse
such sums and such suppression work shall be carried on by
the county commissioners under the direction of the chief
moth superintendent, and the county commissioners of any
county authorized to perform any work as herein provided
may do the same and may expend necessary sums in advance
of the payments required to be paid to such county, and the
county treasurer shall receive and distribute such funds on
the order of the county commissioners.

Approved April 26, 1949.

An Act relative to the preparation, printing and dis- Chav.212

TRIBUTION OF VOTING LISTS IN ALL CITIES AND TOWNS.

Be it enacted, etc., as follows:

Section 55 of chapter 51 of the General Laws is hereby g. l. (Ter.
amended by striking out the third and fourth sentences, as ftllamend^'.
appearing in section 29 of chapter 453 of the acts of 1943,
and inserting in place thereof the following : — In cities voting Usts
they shall prepare such voting lists by wards, and if a ward iowns^how*^
or town is divided into voting precincts, they shall prepare prepared.
the same by precincts. In all cities and towns, the voting
lists shall be arranged by streets in alphabetical order,
and the names of the voters on each street shall be arranged

138 Acts, 1949. — Chap. 213.

in the numerical order of the street numbers of their resi-
dences, so far as possible. All first voting lists shall be
printed and available for public distribution not later than
Jbie^to^MF- "^^^y fifteenth in state election years. A sufficient number
tain persons, of votiug fists sliall be printed so that they can be furnished
free of charge, upon request, to all duly organized political
committees, and to all political candidates for public office
in the various districts in which the city or town is located.

Approved April 26, 1949.

C/iap. 2 13 An Act establishing in the town of stoughton

REPRESENTATIVE TOWN GOVERNMENT BY LIMITED TOWN
MEETINGS.

Be it enacted, etc., as follows:

Section 1. There is hereby established in the town
of Stoughton the form of representative town govern-
ment by limited town meetings hereinafter set forth.

Section 2. Upon the acceptance of this act there
shall be created a temporary committee consisting of the
selectmen and six registered voters of the town appointed
by the moderator. Such committee shall study the pro-
visions of this act and shall determine what in its opinion
is a practicable percentage of the total registered voters to
constitute a representative town meeting in the town of
Stoughton and what is a practical number of districts
into which the town should be divided for the purpose of
this act. Such committee shall submit its report together
with recommended by-laws to the next annual town meet-
ing or to a special town meeting called for the purpose
of acting on such report and proposed by-laws.

Section 3. Within the limits established by this act
the town of Stoughton shall determine by by-laws the
number of districts into which the town shall be divided
and the percentage of the registered voters which shall
constitute the representative town meeting.

Section 4. Upon the adoption of the by-laws required
by section three, the town of Stoughton shall be divided,
by a committee consisting of its selectmen and six registered
voters appointed by the moderator, into districts which
shall be so estabhshed as to consist of compact and con-
tiguous territory, and shall be bounded whenever possible
by the center line of known streets and ways, or by other
well-defined hmits. These boundaries shall be reviewed,
and if need be, wholly or partly revised, by such a committee
in September, once in five 'years, or in September of any
year when directed by vote of the preceding annual meet-
ing of the town.

Section 5. Within ten days after any establishment
or revision of districts, said committee shall file a report
of its doings with the town clerk, the registrars of voters
and the assessors, with a map or maps or description of the

Acts, 1949. — Chap. 213. 139

districts and the names and residences of the registered
voters therein. Said committee shall also cause to be posted
in the town hall a map or maps or description of the dis-
tricts as established or revised from time to time, with the
names and residences of the registered voters therein;
and it shall also cause to be posted in at least one public
place in each district a map or description of that dis-
trict, with the names and residences of the registered voters
therein. The division of the town into districts and any
revision of such districts shall take effect upon the date
of the filing of the report thereof by said committee with
the town clerk. Whenever the districts are established or
revised, the town clerk shall forthwith give written notice
thereof to the state secretary, stating the number and
designation of the districts.

Section 6. Meetings of the registered voters of the
several districts for the election of town officers, and for
voting upon any question to be submitted to all the reg-
istered voters of the town under any provision of this act,
shall be held on the same day and at the same hour and
at such place or places within the town as the selectmen
shall in the warrant for such meeting direct.

Section 7. Each district shall be represented in the
representative town meeting by elected representatives,
the number of which shall bear the same proportion to
the total elected membership as the number of registered
voters in the district bears to the total registered voters
in the town, as nearly as may be, but no district shall be
represented by more than fifty elected members. The
number and size of districts shall be such that the number
of elected representatives shall not exceed one for each
twenty-five voters or major fraction thereof, and the total
elected membership shall not exceed two hundred.

Section 8. Nomination of candidates for town
meeting members from any district, to be elected under
this act, shall be from among the registered voters of the
district. Nomination papers shall bear no political desig-
nation, shall be signed by not less than ten registered
voters of the district in which the candidate resides, and shall
be filed with the town clerk on the same day that nomina-
tion papers of candidates for other town offices must be
filed. Any town meeting member may become a candidate
for re-election by giving written notice thereof to the town
clerk on or before the last day for filing nomination papers.
The words "candidate for re-election" shall be printed
on the ballot opposite the names of such candidates. No
nomination papers shall be valid in respect to any candidate
unless his written acceptance is endorsed thereon or attached
thereto.

Section 9. The representative town meeting members,
whose number shall have been determined as provided
in this act, shall be elected by ballot by the registered voters
in every district at the first annual town election following

140 Acts, 1949. — Chap. 213.

the establishment or revision of such district in conformity
with the laws relative to elections not inconsistent with
this act. The first third, in the order of votes received,
of members so elected shall serve three years, the second
third, in such order, shall serve two years, and the remain-
ing third, in such order, shall serve one year, from the first
day of the annual town meeting. In case of a tie vote
affecting the division into thirds, the members elected
from the district shall by ballot determine the same. There-
after, except as is otherwise provided herein, at each annual
town election the registered voters of each district shall
similarly elect for the term of three years one third of the
number of town meeting representatives to which such
district is entitled; and shall at such election fill for the
unexpired term or terms any vacancy or vacancies then
existing in the number of elected town meeting members in
such district. The terms of office of all town meeting
representatives from every revised district shall cease
upon the qualification of their successors elected at the
first annual town election after revision. The town clerk
shall, after election of town meeting members, forthwith
notify by mail each such member of his election.

Section 10. In the event of any vacancy in the full
number of elected town meeting members from any dis-
trict the remaining elected members of the district may
choose from among the registered voters thereof a successor
to serve until the next annual election. The town clerk
may, and upon a petition therefor signed by not less than
one third of the elected town meeting members from the
district shall, call a special meeting of the remaining mem-
bers from such district for the purpose of filling such vacancy
and mail notice thereof to each member from the district
specifying the object and the time and place of such meeting
which shall be held not less than four days after the mailing
of such notice. At such meeting a majority of such mem-
bers shall constitute a quorum and shall elect from their own
number a chairman and a clerk. The election to fill such
vacancy shall be by ballot and a majority of the votes
cast shall be required for a choice. The clerk shall forth-
with file with the town clerk a certificate of such election,
together with a written acceptance by the member so
elected who shall thereupon be deemed elected and qualified
as a town meeting member, subject to the right of all the
town meeting members to judge of the election and quali-
fication of the members as set forth in section fourteen.

Section 11. A moderator shall be elected by the regis-
tered voters of the town by ballot at each annual town
election and shall serve as the moderator of all town meet-
ings, except as otherwise provided by law, until his successor
is qualified. The moderator, the town manager, the town
clerk, the town counsel, the town treasurer, the members of
the board of selectmen, the members of the school com-
mittee, the members of the board of assessors, the members

Acts, 1949. — Chap. 213. 141

of the finance commission and any member of the general
court of the commonwealth, who is a resident of the town
shall be members at large of the town meeting. Nomina-
tions for moderator and his election shall be as in the case
of other elective town officers, and any vacancy in such
office may be filled by the town meeting members at a
representative town meeting held for that purpose. If a
moderator is absent, a moderator pro tempore may be elected
by the town meeting members.

Section 12. The articles in the warrant for every town
meeting, so far as they relate to the election of the moderator,
town officers and town meeting members, and, as herein
provided, to referenda, and all matters to be acted upon and
determined by ballot, shall be so acted upon and determined
by the registered voters of the town. All other articles in the
warrant for any town meeting shall be acted upon and
determined exclusively by town meeting members at a
meeting to be held at such time and place as shall be set
forth by the selectmen in the warrant for the meeting,
subject to the referendum provided for by section fifteen.

Section 13. Any representative town meeting held
under the provisions of this act, except as otherwise provided
herein, shall be limited to the town meeting members elected
under the provisions of this act. The town clerk shall
notify the town meeting members of the time and place at
which the representative town meetings are to be held, the
notices to be sent by mail at least seven days before the
meeting, A majority of the town meeting members shall
constitute a quorum for doing business; but a less number
may organize temporarily and may adjourn from time to
time. All town meetings shall be public. Subject to such
conditions as may be determined from time to time by the
members of the representative town meeting, any registered
voter of the town who is not a town meeting member may
speak at any representative town meeting, but shall not vote.

Section 14. The town meeting members, as aforesaid,
shall be the judges of the election and qualifications of their
members. The town meeting members as such shall receive
no compensation. A town meeting member may resign
by filing a written resignation with the town clerk, and such
resignation shall take effect on the date of such filing. A
town meeting member who removes from the town shall
cease to be a town meeting member, and a town meeting
member who removes from the district from which he was
elected to another district may serve only until the next
annual town meeting.

Section 15, A vote passed at any representative town
meeting authorizing the expenditure of any sum, as an
appropriation other than town charges, shall not be opera-
tive until after the expiration of five days, exclusive of Sun-
days and holidays, from the dissolution of the meeting. If,
within such five days a petition, signed by not less than three
hundred of the registered voters, containing their names and

142 Acts, 1949. — Chap. 213.

addresses as they appear on the list of registered voters, is
filed with the selectmen requesting that the question or
questions involved in such vote be submitted to the voters
of the town, then the selectmen, within fourteen days after
the filing of the petition, shall call a special meeting, which
shall be held within ten days after the issuing of the call,
for the purpose of presenting to the voters at large the ques-
tion or questions so involved. The polls shall be opened at
two o'clock in the afternoon and shall be closed not earlier
than eight o'clock in the evening, and all votes upon any
questions so submitted shall be taken by ballot, and the
check list shall be used in the same manner as in the election
of town officers. The questions so submitted shall be deter-
mined by vote of the same proportion of voters voting thereon
as would have been required by law of town meeting mem-
bers had the question been finally determined at a repre-
sentative town meeting. The questions so submitted shall
be stated upon the ballot in substantially the same language
and form in which they were stated when finally presented
to said representative town meeting by the moderator as
appears from the records of the said meeting. If such peti-
tion is not filed within the said period of five days, the vote
of the representative town meeting shall become operative
upon the expiration of the said period.

Section 16. The town, after the acceptance of this act,
shall have the capacity to act through and to be bound by
its town meeting members, who shall when convened from
time to time as herein provided, constitute representative
town meetings; and the representative town meetings shall
exercise exclusively, so far as will conform to the provisions
of this act, all powers vested in the municipal corporation.
Action in conformity with all provisions of law now or here-
after apphcable to the transaction of town affairs in town
meeting, shall, when taken by any representative town
meeting in accordance with the provisions of this act, have
the same force and effect as if such action had been taken
in a town meeting open to all the registered voters of the
town as organized and conducted before the establishment
in said town of representative town meeting government.

Section 17. This act shall not abridge the right of the
inhabitants of the town to hold general meetings as secured
to them by the constitution of this commonwealth; nor
shall this act confer upon any representative town meeting
the power finally to commit the town to any measure affect-
ing its municipal existence or substantially changing its
form of government without action thereon by the registered
voters of the town at large, using the ballot and the check
list therefor.

Section 18. The representative town meeting may
make such rules consistent with general law as may be
considered necessary for conducting its meetings.

Section 19. The representative town meeting may
appoint, or authorize the moderator to appoint, such com-

Acts, 1949. — Chap. 214. ^,Tok 143

mittees of its members for investigation and report as it
may consider necessary.

Section 20. All by-laws or parts of by-laws of the town
inconsistent with the provisions of this act are hereby re-
pealed. The provisions of chapter forty-four of the General
Laws shall continue to apply in the town of Stoughton not-
withstanding the provisions of this act.

Section 21. This act shall be submitted to the registered
voters of the town of Stoughton at any annual or special
town election. The vote shall be taken by ballot in accord-
ance with the provisions of the General Laws, so far as the
same shall be applicable, in answer to the question, which
shall be placed, in case of a special meeting, upon the ballot
to be used at said meeting, or, in the case of an annual
meeting, upon the official ballot to be used for the election
of town officers: "Shall an act passed by the General Court
in the year nineteen hundred and forty-nine, entitled 'An
act establishing in the town of Stoughton representative
town meetings', be accepted by this town? "

Section 22. Sections two and three shall take effect
upon acceptance of this act by a majority of the voters
voting upon the same, and the remainder shall take effect
upon the effective date of the by-laws provided for by section
three.

Section 23. If this act is rejected by the registered voters
of the town of Stoughton when submitted to said voters
under section twenty-one, it may again be submitted for
acceptance in like manner from time to time to such voters
at any annual town election in said town within three years
thereafter, but not more than three times in the aggregate.

Approved April 26, 1949.

An Act authorizing the conveyance of certain park (Jfin^) 214
land by the city of malden to the malden housing ^'
authority for veterans' housing purposes.

Be it enacted, etc., as follows:

Section 1. The city of Maiden is hereby authorized to
convey to the Maiden Housing Authority, a body politic
and corporate, a portion of a certain park belonging to said
city and designated as Huntings Field, said portion being
shown as Parcels "15" and "17" on a plan of R. T. Ricker,
registered engineer, dated January 17, 1949, on file in the
office of said Authority. The land so conveyed shall be
used by said Authority for the construction, maintenance
and operation of homes for veterans under and in accordance
with chapter one hundred and twenty-one of the General
Laws, as amended.

Section 2. This act shall take full effect if, upon recom-
mendation by the board of park commissioners of the city
of Maiden, it is accepted by the city council of said city,
subject to the provisions of its charter, during the current
year. Approved April 26, 1949.

144 Acts, 1949. — Chaps. 215, 216, 217.

Chav.215 An Act providing for party primaries in the city of

HOLYOKE.

Be it enacted, etc., as follows:

Section 1. Chapter 608 of the acts of 1913, as amended,
is hereby repealed.

Section 2. There shall be placed upon the official ballot
to be used in the city of Holyoke at its biennial municipal
election in the current year the following question: — "Shall
party primaries for the nomination of candidates to be
voted for at city elections be held in this city?" If a majority
of the votes in answer to said question is in the affirmative,
section one of this act shall thereupon take effect and candi-
dates thereafter to be voted for at city elections in said city
shall be nominated in municipal primaries held in accord-
ance with the provisions of sections twenty-three to forty A,
and fifty-six to sixty-four, both inclusive, of chapter fifty-
three of the General Laws; otherwise said section one shall
be void and of no effect. Approved April 26, 1949.

Chap. 216 An Act to permit fraternal benefit societies to pro-
vide FOR THE PAYMENT OF BENEFITS UPON THE LIVES
OF CHILDREN LESS THAN EIGHTEEN YEARS OF AGE AND TO
MAKE LOANS UPON THE SECURITY OF THE VALUE OF THE
CERTIFICATES OF SUCH BENEFITS.

Be it enacted, etc., as follows:

G. L. (Ter. ScctioD 23 of chapter 176 of the General Laws, as amended

§ 2'3' etc.,' by chapter 94 of the acts of 1938, is hereby further amended
amended. ^y g^ri^ing out, iTi liues 5 and 6, the words "between the

ages of one and eighteen years at the next birthday" and
inserting in place thereof the words : — less than eighteen
years of age, and may loan upon the security of the value of
certificates of such benefits a sum not exceeding the legal
reserve which it is required to maintain thereon.

Approved April 26, 1949.

Chap. 217 An Act relative to the appointment by the board of

DIRECTORS OF FRATERNAL BENEFIT SOCIETIES OF A
CHAPLAIN, SPIRITUAL DIRECTOR OR OTHER RELIGIOUS
OFFICER, AND RELATIVE TO THE SERVICE OF SUCH AP-
POINTEE AS A MEMBER OF SAID BOARD.

Be it enacted, etc., as follows:

Ed)' iTe*^! 3 Section 3 of chapter 176 of the General Laws, as amended

etc!. 'amended, by scctiou 1 of chapter 336 of the acts of 1941, is hereby

further amended by inserting after the first sentence the

Fraternal f ollowiug seutcuce I — The constitution and by-laws of any

sodeties may such socicty may provide that the board of directors appoint

Kiahjfetc. a regularly ordained clergyman to act as chaplain, spiritual

director or other religious officer, and may also provide that

such appointee may serve ex officio as a member of the

board of directors. Approved April 26, 1949.

Acts, 1949. — Chaps. 218, 219. 146

An Act authorizing certain fraternal benefit socie- Qfidj) 218

TIES TO PAY PENSIONS TO THEIR EMPLOYEES IN CERTAIN
CASES.

Be it enacted, etc., as follows:

Chapter 176 of the General Laws is hereby amended by g. l. (Tct.
striking out section 49A, inserted by chapter 124 of the f 49A^ltc.,
acts of 1946, and inserting in place thereof the following amended,
section: — Section 49 A. Any society operating on the Certain
lodge system with a representative form of government bTnefit'^socie-
whose rates are on a basis of mortality not lower than the **^a^^fo*^
National Fraternal Congress Table as adopted by the employees in
National Fraternal Congress, August twenty-third, eighteen
hundred and ninety-nine, or any society formed under sec-
tion forty-five, if its constitution and by-laws so provide,
may pay a pension to any employee who has been con-
tinuously in the service of the society for ten years or more
and who has become incapacitated for further service by
reason of physical or mental disability, and may pay a pen-
sion to any employee who has been continuously in the service
of the society for fifteen years or more and who is retired
by reason of the infirmities of age or has attained the age
of sixty-five years. All moneys expended for the purposes
of this section shall be paid from the expense fund of the
society. This section shall not apply to any society formed
under section forty-six. Approved April 26, 1949.

certain caaea.

An Act authorizing the town of egremont to receive nhni) 91 Q

AND administer THE PROPERTY OF THE RIVERSIDE CEME- ^'

TERY CORPORATION IN SAID TOWN.

Be it enacted, etc., as follows:

Section 1. The Riverside Cemetery Corporation, a cor-
poration located in the town of Egremont, hereinafter called
the corporation, may, by deed duly executed, convey and
transfer to said town, and said town is hereby authorized
and empowered to receive, and thereafter to hold and main-
tain, but for cemetery purposes only, and subject to all rights
heretofore existing in any burial lots, the real and personal
property of the association not subject to any trust, and
thereupon, and upon the transfer of the trust funds as here-
inafter provided, the powers and duties of said corpora-
tion shall terminate; and the cemetery of the corporation
shall be and become a public burial place, ground or cemetery.

Section 2. In so far as authorized by a decree of a court
of competent jurisdiction and in compliance with the terms
and conditions of such decree, said town may receive from
the corporation a conveyance and transfer of, and administer,
all funds or other property held by the corporation in trust
for the perpetual care of the lots in its cemetery and for
other purposes, and also any property devised or bequeathed
to the corporation under the will of any person living at the

146 Acts, 1949. — Chap. 220.

time of said transfer or conveyance or under the will of any
deceased person not then probated. Interest and dividends
accruing on funds deposited in trust with any savings bank
under authority of section thirty-seven or section thirty-
eight of chapter one hundred and sixty-eight of the General
Laws, or with any other banking institution, for the benefit
of the corporation or of any lots in its cemetery, and interest
accruing on bonds held in the name of the corporation for
the benefit of any lots in its cemetery, may, after such con-
veyance, be paid by such bank, institution or other corpora-
tion to the treasurer of said town; and upon such payment
said treasurer shall use the same for the purposes of said
trusts.

Section 3. All real and personal property and property
rights, acquired by said town from the corporation under
authority of this act, shall be held and managed by said
town in the same manner in which cities and towns are au-
thorized by law to hold and manage property for cemetery
purposes; provided that all rights which any persons have
acquired in the cemetery of the corporation or any lots
therein shall remain in force to the same extent as if this
act had not been passed and such transfer had not occurred.
The records of the corporation shall be dehvered to the
clerk of said town and such clerk may certify copies thereof.

Section 4. The action of the inhabitants of the town of
Egremont, at its annual town meeting in the year nineteen
hundred and forty-nine, in voting to accept a transfer of the
real and personal property of said cemetery corporation, and
all funds or other property held by said corporation in trust
for the perpetual care of the lots in its cemetery and for
other pm-poses, is hereby ratified and confirmed, and shall
have the same effect and validity as if section one had been
in effect prior to said vote.

Section 5. This act shall take full effect upon its ac-
ceptance by a majority of the registered voters of the town
of Egremont voting thereon at a special town meeting called
for the purpose, held during the current year, but not
otherwise. Approved April 26, 1949.

Chap. 220 An Act relative to the hours of duty of permanent

MEMBERS OF THE FIRE DEPARTMENT IN THE TURNERS FALLS
fire DISTRICT.

Be it enacted, etc., as follows:

Section 1. The hours of duty of the permanent mem-
bers of the uniformed fire fighting force in the Turners Falls
Fire District shall be so established by the prudential com-
mittee that the average weekly hours of duty in any year,
other than hours during which such members may be sum-
moned and kept on duty because of conflagrations, shall not
exceed fifty-six in number.

Section 2. This act shall be submitted for acceptance
to the voters of said district at its next annual district meet-

Acts, 1949. — Chap. 221. 147

ing in the form of the following question, which shall be
placed upon the official ballot to be used for the election of
district officers at said meeting: "Shall an act passed by the
General Court in the year nineteen hundred and forty-nine,
providing for a fifty-six hour week for the permanent mem-
bers of the fire department of this district, be accepted? " If
a majority of the votes in answer to said question is in the
affirmative, this act shall thereupon take full effect, but not
otherwise. Approved April 28, 1949.

An Act fixing the salaries of the clerk and the assist- Qj^Qy 221

ANT CLERKS OF THE SUPERIOR COURT FOR CRIMINAL BUSI- ^'

NESS IN THE COUNTY OF SUFFOLK.

Be it enacted, etc., as follows:

Section 94 of chapter 221 of the General Laws, as most ^j^-^Jf-
recently amended by section 2 of chapter 183 of the acts of §94,' etc..'
1948, is hereby further amended by striking out the fourth *™e^ded.
sentence and inserting in place thereof the following sen-
tence: — The salary of the clerk of the superior court for
criminal business in the county of Suffolk shall be nine thou-
sand dollars and the salaries of the assistant clerks of said
court shall be sixty-one hundred and twenty dollars, — so
as to read as follows: — Section 94. Except as provided in saianesof
section ninety-three and except as hereinafter provided, the ^gi^^nt*^
salaries of clerks and assistant clerks of the supreme judicial c'erks of
and superior courts, other than the clerk and assistant
clerks of the superior court for civil business in the county
of Suffolk and the clerk and assistant clerks of the superior
court for criminal business in the county of Suffolk, shall
be established in accordance with sections forty-eight to
fifty-six, inclusive, of chapter thirty-five and shall be paid by
their respective counties. The salary of the clerk of the
supreme judicial court for Suffolk county shall be eighty-five
hundred dollars, and fifteen hundred dollars of said salary
shall be paid by the commonwealth. The salary of the
assistant clerk of the supreme judicial court for Suffolk
county shall be sixty-four hundred dollars and the salary
of the second assistant clerk of said court for said county
shall be fifty-four hundred dollars, and said assistant clerk
and second assistant clerk may receive their salary in bi-
weekly instalments if they so request in writing. The salary
of the clerk of the superior court for criminal business in the
county of Suffolk shall be nine thousand dollars and the
salaries of the assistant clerks of said court shall be sixty-one
hundred and twenty dollars. The assistant clerks of the
superior court for criminal business in Suffolk county may
receive their salaiy in bi-weekly instalments if they so request
in writing. Approved April 28, 1949.

148 Acts, 1949. — Chap. 222.

Chap. 222 ^ -^^'^ empowering the city of boston to fix by or-
dinance CERTAIN FEES AND CHARGES.

Be it enacted, etc., as follows:

Section 1. The city of Boston may from time to time,
by ordinance, fix the fees for all licenses and permits granted
under the authority of statutes where the entire proceeds of
the fee form part of the income of the city, except marriage
licenses, licenses granted under chapter four hundred and
ninety-four of the acts of nineteen hundred and eight, as
amended, licenses issued under chapter one hundred and
thirty-eight of the General Laws, licenses issued under sec-
tion fifty-nine of chapter one hundred and forty of the
General Laws, and licenses issued under section seventy of
said chapter one hundred and forty, and may likewise fix
the charges to be paid for any services rendered or work per-
formed by the city or any department thereof, for any per-
son or class of persons unless such service is rendered or
work performed as part of the general services furnished for
the benefit of the citizens of the city as a whole. Any such
ordinance may set a maximum fee or charge, or a minimum
fee or charge, or both, and may empower an administrative
board or officer to fix the fee or charge conformably with the
Umit or limits set.

Section 2. Said city may also, by ordinance, from time
to time fix the fees to be paid to the city clerk for the use of
said city for the quahfication or warrant of any officer ap-
pointed by the mayor and confirmed by the city council,
whose compensation is derived from fees charged for the
exercise of powers conferred by such appointment.

Section 3. A fee or charge fixed by ordinance under this
act shall be deemed to apply notwithstanding any general
or special law heretofore passed fixing a different fee or
charge or imposing any limitation on the amount thereof or
designating a particular board or officer to fix said amount;
provided, however, that the fee fixed for a registration under
section thirteen of chapter one hundred and forty-eight of
the General Laws shall not be more than one half of the
amount of the fee fixed for a license under said section. No
general or special law hereafter passed shall, in the absence
of express and explicit mention therein of this act, be con-
strued to repeal this act in whole or in part or to affect in
any way any fee or charge theretofore or thereafter fixed
by ordinance under this act.

Section 4. Chapter five hundred and seventy-one of the
acts of nineteen hundred and ten, and chapter two hundred
and ninety-seven of the acts of nineteen hundred and thirty-
one, as amended, are hereby repealed. The fee or charge
being collected immediately prior to the passage of this act
for any license, permit, service or work subject to this act
shaU be the fee or charge for such license, permit, service or
work until action is taken under this act.

Section 5. This act shall take effect upon its passage.

Approved April 29, 1949,

Acts, 1949. — Chaps. 223, 224, 225. 149

An Act establishing the compensation of the members Qfidj) 223
OF the city council of the city of boston.

Be it enacted, etc., as follows:

Section 1. Section 49 of chapter 486 of the acts of 1909,
as most recently amended by section 1 of chapter 555 of the
acts of 1948, is hereby further amended by striking out, in
Une 2, the words "twenty-five hundred dollars" and insert-
ing in place thereof the words : — three thousand dollars
and the president of said council shall be paid five hundred
dollars additional compensation, — so as to read as fol-
lows: — Section ^9. Each member of the city council shall
be paid an annual salary of three thousand dollars and the
president of said council shall be paid five hundred dollars
additional compensation; and no other sum shall be paid
from the city treasury for or on account of any personal ex-
penses directly or indirectly incurred by or in behalf of any
member of said council.

Section 2. This act shall take full effect upon its ac-
ceptance by vote of the city council of said city, subject to
the provisions of its charter, but not otherwise.

Approved April 29, 1949.

An Act authorizing the town of cohasset to borrow fh^jj, 004

FOR school purposes. ^'

Be it enacted, etc., as follows:

Section 1. For the purposes of acquiring land for and
constructing a school building and originally equipping and
furnishing the same, the town of Cohasset may borrow from
time to time, within a period of five years from the passage
of this act, such sums as may be necessary, not exceeding, in
the aggregate, eight hundred thousand dollars, and may issue
bonds or notes therefor, which shall bear on their face the
words, Cohasset School Loan, Act of 1949. Each author-
ized issue shall constitute a separate loan, and such loans
shall be paid in not more than twenty years from their dates.
Indebtedness incurred under this act shall be in excess of the
statutory limit, but shall, except as herein provided, be sub-
ject to chapter forty-four of the General Laws, exclusive of
the limitation contained in the first paragraph of section
seven thereof.

Section 2. This act shall take effect upon its passage.

Approved April 29, 1949.

An Act increasing the amount of money that the town fijfj^ 00 k
OF bridgewater may borrow for the construction ^'

AND FURNISHING OF A NEW HIGH SCHOOL.

Be it enacted, etc., as follows:

Section 1. Section 1 of chapter 61 of the acts of 1947
is hereby amended by striking out, in line 6, the word

150 Acts, 1949. — Chaps. 226, 227.

"three" and inserting in place thereof the word: — seven, —
so as to read as follows : — Section 1 . For the purpose of
constructing a high school building and originally equipping
and furnishing said building, the town of Bridgewater may-
borrow, from time to time within a period of five years from
the passage of this act, such sums as may be necessary, not
exceeding, in the aggregate seven hundred and fifty thousand
dollars, and may issue bonds or notes therefor, which shall
bear on their face the words, Bridgewater High School Loan,
Acts of 1947. Each authorized issue shall constitute a
separate loan, and such loans shall be paid in not more
than twenty years from their dates. Indebtedness incurred
under this act shall be in excess of the statutory limit, but
shall, except as provided herein, be subject to chapter
forty-four of the General Laws, exclusive of the limitations
contained in the first paragraph of section seven thereof.
Section 2. This act shall take effect upon its passage.

Approved April 29, 1949.

Chap. 226 An Act authorizing the town of paxton to appropriate

AND PAY A SUM OF MONEY TO AUGUSTUS MULANNEY FOR
CERTAIN SERVICES RENDERED TO SAID TOWN.

Be it enacted, etc., as follows:

Section 1. Notwithstanding the provisions of section
ninety-one of chapter thirty-two of the General Laws, the
town of Paxton may appropriate and pay to Augustus
Mulanney for his services as school janitor in said town the
sum of three hundred and sixteen dollars and sixty-eight
cents.

Section 2. This act shall take effect upon its passage.

Approved April 29, 1949.

Chap. 227 An Act authorizing the town of southbridge to re-
imburse THE FATHER OF THOMAS HMAY, A MINOR, FOR
certain EXPENSES INCURRED BY REASON OF INJURIES
SUSTAINED BY SAID MINOR AT A PLAYGROUND MAINTAINED
BY SAID TOWN.

Be it enacted, etc., as follows:

Section 1. For the purpose of discharging a moral
obligation, the town of Southbridge may appropriate and
pay to the father of Thomas Hmay, a minor, a sum of money
not exceeding three hundred and forty dollars to reimburse
him for expenses of hospital and medical care incurred by
him on account of injuries received by said Thomas Hmay
at a playground maintained by said town.

Section 2. This act shall take effect upon its passage.

Approved April 29, 1949.

Acts, 1949. — Chap. 228. 161

An Act authorizing the sale of certain land in the QJiq/q 228
town of hull held in trust by the board of missions
of the protestant episcopal church.

Whereas, The deferred operation of this act would tend ^r?ambu°^
to defeat its purpose, which is in part to enable the sale and
conveyance of property authorized thereby to be made
without delay, therefore it is hereby declared to be an
emergency law, necessary for the immediate preservation
of the public convenience.

Be it enacted, etc., as follows:

The Diocesan Board of Missions, a corporation duly
organized by law, affiliated with the Protestant Episcopal
Church m the Diocese of Massachusetts, may sell and
convey at private or public sale a parcel of land in the town
of Hull in the county of Plymouth being bounded and
described as follows: —

Being lots three hundred and seventy-one and three
hundred and seventy-two and a portion of lot three hundred
and seventy, as shown on a plan of land belonging to the
Nantasket Company at Nantasket Beach, drawn by F. M.
Hersey, C.E., dated May, eighteen hundred and eighty-one,
and recorded with Plymouth Deeds, Book of Plans 1, plan
one hundred, said parcel bounded as follows : — northerly
by the southerly line of N street, one hundred feet; easterly
by lot three hundred and sixty-seven as shown on said plan,
eighty-one and one tenth feet; southerly by land now or
formerly of Frank A. Schirmer, being a portion of said lot
three hundred and seventy as shown on said plan, sixteen
feet; easterly again by said land now or formerly of Frank
A. Schirmer, thirty-eight and nine tenths feet; southerly
again by said land now or formerly of Frank A. Schirmer,
eighty-four feet; and westerly by the easterly line of Main
street, one hundred and twenty feet; containing eleven
thousand, three hundred and seventy-seven and six tenths
square feet, be all said measurements more or less, being
the same premises conveyed to the said Diocesan Board of
Missions by deed of The Church of Our Savior at Hull and
George Francis Weld, dated September seventh, nineteen
hundred and ten and recorded with Plymouth Deeds,
Book 1113, pages 67, 68 and 69; and said corporation may
give to the purchaser or purchasers good title free of any
trusts; provided, however, that the proceeds of such sale
shall be devoted to the strengthening and upbuilding of the
missionary activities of the Protestant Episcopal Church
in the Diocese of Massachusetts; as provided in a decree
of the probate court for Plymouth county, dated August
twenty-fourth, nineteen hundred and forty-eight, authorizing
such sale and conveyance. Approved April 29, 1949.

162 Acts, 1949. — Chaps. 229, 230.

Chap.2i29 ^ -^ct kelative to the boerowing of money by the

COUNTY COMMISSIONERS OF THE COUNTY OF BRISTOL IN
ANTICIPATION OF AND TO BE PAID FROM THE COUNTY TAX
OF THE CURRENT YEAR.

Be it enacted, etc., as follows:

Section 1. Upon the affirmative vote during the current
year of Leo H. Coughlin and Charles A. Frates, county com-
missioners of the county of Bristol, so authorizing, the treas-
urer of said county may borrow from time to time on the
credit of the county such sums, not to exceed, in the aggre-
gate, six hundred thousand dollars, and issue county notes
therefor in anticipation of and to be repaid from, the county
tax of the current year. All provisions of section thirty-
seven of chapter thirty-five of the General Laws relative to
the borrowing of money by county commissioners shall apply
to such loans.

Section 2. This act shall take effect upon its passage.

Approved April 29, 1949.

Chap. 230 An Act authorizing the town of franklin to sell
certain lands for veterans' housing projects.

Be it enacted, etc., as follows:

Section 1. The town of Franklin is hereby authorized to
sell and convey to the Franklin Housing Authority for use
as a veterans' housing project, for the sum of one dollar or
such other consideration as the town may determine, the
whole or any part thereof of two certain parcels of land
situated in and conveyed to said town for park purposes
and which is no longer needed for said purposes, said land
being bounded and described as follows : — Land situated
on the southeasterly side of North Park street in said town
bounded northwesterly by said North Park street, three
hundred and seven feet; northeasterly by land now or late
of Raffaele Nasuti, four hundred and eighteen feet; south-
easterly by land formerly of Sally Metcalf , three hundred and
twenty-five feet; and southwesterly by land now or late of
Michael D'Aloia et al, three hundred and ninety-two feet;
being the same parcel of land conveyed to the town of Frank-
lin by Munroe Morse, by deed dated March 3, 1879 and
recorded with Norfolk Deeds, book 511, page 57; and that
certain parcel of land situated immediately southwesterly
of and adjoining said parcel just hereinbefore described, said
second parcel being bounded northwesterly by said first
described land, three hundred and twenty-five feet; north-
easterly by land now or late of Raffaele Nasuti in part, and
in part by land now or late of Richard Costello, Junior, of
that name, three hundred and sixty-six feet; southeasterly
by land now or late of said Richard Costello, Junior of that
name, three hundred and thirty- three feet; and southwest-
erly by land now or late of said Richard Costello, Junior of

Acts, 1949. — Chaps. 231, 232. 153

that name, four hundred and four feet; being the same prem-
ises conveyed to the town of Franklin by Sally Metcalf,
by deed dated March 3, 1879 and recorded with Norfolk
Deeds, book 511, page 57.

Section 2. Any action taken hereunder by the said
town before the passage of this act at the annual town meet-
ing in the current year is hereby validated.

Section 3. This act shall take effect upon its passage.

Approved April 29, 1949.

An Act authobizing the town of provincetown to Chav. 2S1

REFUND certain INDEBTEDNESS.

Be it enacted, etc., as follows:

Section 1 . The town of Provincetown is hereby author-
ized to refund or extend, from time to time, for a period not
extending beyond May first, nineteen hundred and fifty,
seventy-five thousand dollars of a loan of one hundred
thousand dollars borrowed in anticipation of the receipt of
grants of money by the federal government and by the com-
monwealth for airport purposes, under the provisions of
section fifty-one K of chapter nmety of the General Laws;
and may issue a note or notes therefor, which shall bear on
their face the words, Provincetown Refunding Loan, Act
of 1949.

Section 2. This act shall take effect upon its passage.

Approved April 29, 1949.

An Act authorizing the county commissioners of the CJid'n 232

county of BARNSTABLE TO APPROPRIATE AND EXPEND A ^'

SUM OF MONEY FOR THE EXTERMINATION OF CERTAIN
INSECT PESTS DECLARED TO BE PUBLIC NUISANCES.

Be it enacted, etc., as follows:

Section 1. The county commissioners of the county of
Barnstable are hereby authorized to appropriate a sum not
exceeding one hundred thousand dollars for the extermina-
tion of gypsy moths and other insect pests which have been
declared to be public nuisances, to be expended under the
direction of the chief moth superintendent in the depart-
ment of conservation. Said commissioners are hereby
authorized to levy said sum as part of the county tax of
said county for the current year.

Section 2. For the purpose aforesaid, the county treas-
urer of said county, with the approval of the county com-
missioners, may borrow, from time to time, on the credit
of said county, such sums as may be necessary, but not
exceeding, in the aggregate, one hundred thousand dollars,
and may issue temporary notes of the county therefor,
payable not later than December thirty-first in the current-
year.

Section 3. This act shall take effect upon its passage.

Approved April 29, 1949.

154 Acts, 1949. — Chaps. 233, 234.

C/iap. 233 An Act relative to the tenure of office of charles
Dicicco, AN investigator in the veterans' services
department of the city of somerville.

Be it enacted, etc., as follows:

Section 1. The tenure of office of Charles DiCicco, a
disabled war veteran who is employed as an investigator in
the veterans' services department in the city of Somerville,
shall, upon his passing a qualifying examination to which
he shall be subjected by the director of civil service, be
unlimited and subject to the civil service laws, and he shall
be deemed to be permanently appointed thereto without
being required to serve any probationary period.

Section 2. This act shall take full effect upon its ac-
ceptance by vote of the city council of said city, subject to
the provisions of its charter, but not otherwise.

Approved April 29, 1949.

Chap. 234: An Act to provide that the board of assessors of the
city of somerville shall be elected by the voters
of said city.

Be it enacted, etc., as follows:

Section 1. The board of assessors of the city of Somer-
ville shall consist of five members, who shall be elected at
large by and from the voters of said city as hereinafter
provided.

Section 2. At the biennial municipal election to be
held in said city in the year nineteen hundred and forty-
nine, the members of the board of assessors shall be elected
by and from the registered voters of the city, and the first
three in the order of votes received shall serve for terms of
four years each, and the remaining two shall serve for terms
of two years each. At each biennial municipal election
thereafter, successors to the members of said board to be
elected thereat shall be elected for terms of four years each.

Section 3. All members of the existing board of as-
sessors of said city shall cease to hold office upon the quali-
fication of the members of the board of assessors elected at
the biennial municipal election in the year nineteen hundred
and forty-nme.

Section 4. Such provisions of chapter two hundred and
forty of the acts of eighteen hundred and ninety-nine, and
acts in amendment thereof and in addition thereto, as are
inconsistent with this act are hereby repealed.

Approved April 29, 1949.

Acts, 1949. — Chaps. 235, 236. 155

An Act eelating to the salary and compensation of (Jhav 235

ASSESSORS AND COLLECTORS FOR SERVICES WHEN ASSESS-
ING AND COLLECTING DISTRICT TAXES.

Be it enacted, etc., as follows:

Chapter 41 of the Geceral Laws is hereby amended by g. l. (Tm.
inserting after section 108 A, as amended by chapter 351 of floss! addld.
the acts of 1948, the following section: — Section 108B. In salary of
a town in which a fire, water or improvement district has assessors and

, , ,. ' ,^, 1.1 . collectors in

been created and is operating under a law which requires water, fire or
the assessors of the town to assess district taxes and the dTstrfcts.'^^'^*^
collector of taxes of the town to collect such taxes, such dis-
trict shall annually appropriate money for the salary or com-
pensation of the assessors and collector of taxes, which shall
be in addition to the amounts fixed by the town for salary
or compensation as provided by section one hundred and
eight. The amounts appropriated for said purposes shall not
be less than the amounts determined by the prudential com-
mittee of the district, or, if there be no prudential committee,
by the water commissioners of the district and the selectmen
of the town. If the said prudential committee or water
commissioners, as the case may be, and the selectmen can-
not agree on the amounts and the commissioner of corpora-
tions and taxation is so notified, the said commissioner may
determine the amounts and shall notify the assessors who
shall include the amounts determined by said commissioner
in the aggregate amount assessed annually for district taxes,
and the amounts assessed shall be paid said assessors and
collector. Said districts may also appropriate money for
books, forms and other necessary expenses of said assessors
and collectors of taxes in connection with the assessment
and collection of such taxes. Approved April 29, 1949.

An Act relative to the exemption op persons sixty- (J^nj) 236

FIVE years of age OR OVER FROM THE PAYMENT OF POLL ^'

taxes.
Be it enacted, etc., as follows:

Clause Seventeenth A of section 5 of chapter 59 of the g. l. (Ter.
General Laws is hereby amended by strikmg out, in hne 2 of ftl! amended,
the first sentence, as appearing in section 4 of chapter 186 of
the acts of 1938, and in line 2 of the second sentence, as
appearing in chapter 559 of the acts of 1943, the word
"seventy" and inserting in place thereof, in each instance,
the word : — sixty-five, — so as to read as follows : —

Seventeenth A, Male inhabitants of the commonwealth Exemption of

1 . . f, ' » 1 1 • J 1 persons sixty-

vvho are sixty-five years oi age or over, or who, durmg the five or over
preceding calendar year, were recipients of old age assistance tax^.^°"
or of aid furnished by municipalities from funds appropriated
by them for the relief, support, mamtenance and employ-
ment of the poor, shall be assessed for, but shall be exempt
at their request from the pajinent of, a poll tax. In case a

156

Acts, 1949. — Chaps. 237, 238, 239.

male inhabitant of the commonwealth, who is sixty-five years
of age or over, shall in any year request that he be exempt
from payment of a poll tax, such request shall be deemed to
continue in effect with respect to poll taxes assessed in sub-
sequent years unless such inhabitant shall otherwise in writ-
ing direct. Approved April 29, 1949.

Chap. 2S7 An Act providing that the delivery of any policy of

LIFE OR ENDOWMENT INSURANCE OR ANNUITY CONTRACT
SHALL CREATE A PRESUMPTION THAT CERTAIN CONDITIONS
PRECEDENT TO THE ATTACHING THEREOF HAVE BEEN PER-
FORMED.

Be it enacted, etc., as follows:

Chapter 175 of the General Laws is hereby amended by
inserting after section 186, as appearing in the Tercentenary
Edition, the following section : — Section 186 A . The delivery
of any policy of life or endowment insurance or annuity con-
tract shall create a presumption that any conditions preced-
ent, other than a condition requiring prepayment of the
initial premium, to the attaching of the policy or contract
have been performed. Approved April 29, 1949.

Q. L. (Ter.
Ed.), 175, new
§ 186A,
added.
Presumption
created by
delivery of
insurance
policy.

Chap. 23S An Act prohibiting the distribution of certain lists

OR SLATES of CANDIDATES FOR NOMINATION OR ELEC-
TION TO STATE OFFICE UNLESS THE NAME OF THE PERSON
WHO IS RESPONSIBLE THEREFOR APPEARS THEREON.

Be it enacted, etc., as follows:

Chapter 56 of the General Laws is hereby amended by
inserting after section 44, as appearing in section 11 of chap-
ter 537 of the acts of 1946, the following section : — Section
of list of ^"^^^ '^^ person shall distribute by mail or otherwise, or

candidates for dircctly or indirectly cause to be distributed by mail or
prohibUed^.* Otherwise, a list or slate containing names of candidates for
state office to be nominated at state primaries or to be
elected at a biennial state election, unless the name of some
voter who is responsible therefor, with his residence and the
street and number thereof, if any, appears therein in the
nature of a signature. Violation of this section shall be
punished by a fine of not more than one hundred dollars.

Approved April 29, 1949.

G. L. (Ter.
Ed.), 56, new
i 44A, added,

Distribution
of list of

Chav 239 An Act authorizing the city of Cambridge to pay to

the widow of the late city councillor MICHAEL A.
SULLIVAN THE BALANCE OF THE SALARY TO WHICH HE
would have been ENTITLED FOR THE CURRENT YEAR.

Be it enacted, etc., as follows:

Section 1. In recognition of his conspicuous public
service for fourteen years in the city council of the city of
Cambridge, and for the pubHc advantage that arises from
recognizing such meritorious service, said city may ap-

Acts, 1949. — Chaps. 240, 241. 167

propriate and pay to the widow of the late Michael A.
Sullivan the balance of the salary to which he would have
been entitled had he lived and continued to serve in said
council until the end of the current year.

Section 2. Said balance of salary shall be paid by the
city treasurer of said city to Mary C. Sullivan, said widow,
in equal monthly instalments during the remainder of the
current year. Approved April £9, 1949.

An Act relative to the admissibility in evidence of QfiQ/n 240

COPIES OF certain RECORDS AND DOCUMENTS.

Be it enacted, etc., as follows:

Chapter 233 of the General Laws is hereby amended by g. l. (Ter.
inserting after section 79C, inserted by section 1 of chapter § rgb^^adckT
183 of the acts of the current year, the following section: —
Section 79D. Copies of any newspaper, or part thereof made Admissibility
by the photographic or microphotographic process de- j^^ ^h^to^tatic
posited in any public library or a library of any college or and micro-
university located in the commonwealth, shall, when duly ^opi^l^^^'^
certified by the person in charge thereof, be admitted in records,
evidence equally with the originals.

A print, whether enlarged or not, from any photographic
film, including any photographic plate, microphotographic
film, photostatic negative or reproduction of any original
record, document, instrument, plan, book or paper destroyed,
lost or for any reason unavailable after such film was taken,
shall be admissible in evidence in all instances that the
original record, document, instrument, plan, book or paper
might have been admitted in evidence, and shall have the
full force and effect of said original if it is proved that (a)
such reproduction was made iii the regular course of any
business and that it was the regular course of any such
business to make such reproductions; (6) said photographic
film, microphotographic, photostatic or similar reproduction
was taken in order to keep a permanent record of the original ;
and (c) the said original was subsequently destroyed, lost or
is unavailable. Approved April 29, 1949.

An Act requiring payment by employers for medical (Jhnj. 941

EXAMINATIONS OF EMPLOYEES. ^'

Be it enacted, etc., as follows:

Chapter 149 of the General Laws is hereby amended by g. l. (Ter.
inserting after section '159A, inserted by section 1 of chap- ne'^wi^^lge,
ter 342 of the acts of 1937, the following section : — Sec- added.
fion 169B. Any employer who requests or requires a per- p^^for^®"*°
son who is a present or prospective employee to undergo a medical ex-

1. 1 . ,. 1 ■,'-.. I'jii ji amination of

medical exammation by a physician designated by the em- employees,
ployer, as a condition to securing or continuing in employ-
ment, shall reimburse said person for the medical expenses
requested or required. Approved April 29, 1949.

158

Acts, 1949. — Chaps. 242, 243.

Chap,242 An Act making the laws relative to the rehabilita-
tion, CONSERVATION AND LIQUIDATION OF CERTAIN
DOMESTIC AND FOREIGN INSURERS APPLICABLE TO
DOMESTIC INSURANCE COMPANIES CONDUCTING AN INTRA-
STATE BUSINESS ONLY.

G. L. (Ter.
Ed.), 175,
§ 6, etc.,
amended.

Commissioner
may institute
proceedings
in certain
cases.

G. L. (Ter.
Ed.), 176,
§ 180B, etc.,
amended.

Commissioner
may be
appointed
receiver to
rehabilitate
certain
insurance
companies.

Be it enacted, etc., as follows:

Section 1. Section 6 of chapter 175 of the General Laws,
as most recently amended by section 2 of chapter 488 of
the acts of 19,39, is hereby further amended by striking out
the last sentence of the first paragraph and inserting in
place thereof the following sentence : — In the case of a
domestic company conducting an intrastate business only, or
of a domestic company transacting busmess in any other
reciprocal state, as defined in section one hundred and
eighty A, the commissioner, instead of proceeding under
this section, may institute a proceeding under section one
hundred and eighty B or one hundred and eighty C.

Section 2. Section 180B of said chapter 175, inserted
by section 3 of chapter 472 of the acts of 1939, is hereby
amended by striking out the first sentence and inserting in
its place the following sentence : — The commissioner may
institute a rehabilitation proceeding against a domestic com-
pany conducting an intrastate business only, or against a
domestic company transacting business in any other recipro-
cal state for any cause specified in section six, other than that
the company has exceeded its powers or has violated any
provision of law, by making application to the supreme
judicial court for his appointment as receiver to rehabilitate
such company and conserve its assets.

Approved April 29. 1949.

Chap. 2^3 An Act to authorize investment of municipal trust

FUNDS IN SHARES OF SAVINGS AND LOAN ASSOCIATIONS.

G. L. (Ter.
Ed.), 44. § 54.
etc., amended.

Municipal
trust funds
may be in-
vested in
shares of
savings and
loan associa-
tions.

Be it enacted, etc., as follows:

Chapter 44 of the General Laws is hereby amended by
striking out section 54, as most recently amended by sec-
tion 1 of chapter 194 of the acts of 1948, and inserting in
place thereof the following section: — Section 54- Trust
funds, including cemetery perpetual care funds, unless other-
wise provided or directed by the donor thereof, shall be
placed at interest in savings banks, trust companies incor-
porated under the laws of the commonwealth, banking com-
panies incorporated under the laws of the commonwealth
which are members of the Federal Deposit Insurance Cor-
poration, or national banks, or invested by cities and towns
in paid-up shares of co-operative banks, or in shares of
savings and loan associations or in shares of federal savings
and loan associations doing business in the commonwealth
to an amount not exceeding five thousand dollars, or in
bonds or notes which are legal investments for savings
banks. This section shall not apply to Boston.

Approved April 29, 1949.

Acts, 1949. — Chap. 244. 159

An Act authorizing the selectmen of the town of (Jfidj) 244

NAHANT TO ACT AS A BOARD OF PUBLIC WORKS EXERCISING ^'

THE POWERS OF CERTAIN OTHER BOARDS AND TOWN OF-
FICERS.

Be it enacted, etc., as follows:

Section 1. The selectmen of the town of Nahant from
and after the annual meeting held following the acceptance
of this act shall be a board of public works, and in said ca-
pacity shall have and exercise, under the designation of
selectmen, all the powers and duties now or from time to
time vested by law in the following boards and officers in
said town, to wit : — highway surveyor, water commissioners,
sewer commissioners, cemetery commissioners, tree warden
and board of health, and such boards and offices shall there-
upon be abolished. No contracts or liabilities then in force
shall be affected by such abolition, but the selectmen, act-
ing as said board, shall in all respects be the lawful successor
of the boards and offices so abolished. At the first annual
meeting of the town held after said acceptance, the town
shall elect one selectman for one year, one for two years and
one for three years; and at each annual meeting thereafter
the town shall elect their successor for terms of three years.
The number of selectmen and their terms of office shall be
subject to change as provided by chapter forty-one of the
General Laws.

Section 2. The selectmen shall appoint a superintendent
of public works and shall fix his compensation provided that
it shall not exceed the amount appropriated therefor by the
town. He shall administer, under the supervision of and
direction of the selectmen a department of public works
which shall include the functions formerly performed by the
highway, water, sewer, cemetery, tree warden and health de-
partments and shall also administer, under the supervision
and direction of the selectmen, such other departments under
their supervision as the selectmen may designate, except the
fire, police and public welfare departments. He shall be re-
sponsible for the administration of all departments within
the scope of his duty, and shall hold office subject to the will
of the selectmen. He shall be specially fitted by education,
training and experience to perform the duties of said office.
He may or may not be a resident of the town when ap-
pointed. During his tenure he shall hold no other elective
or appointive office, nor shall he be engaged in any other
business or occupation. He shall give bond to the town for
the faithful performance of his duties in such sum, upon such
conditions and with such surety or sureties as the selectmen
may require, the expenses of such bond to be borne by the
town, and shall, subject to the approval of the selectmen,
appoint such assistants, agents and employees as the per-
formance of the duties of the various departments under his
supervision may require. He shall keep full and complete
records of the doings of his office, and render to the select-

160 Acts, 1949. — Chap. 244.

men as often as they may require a full report of all operations
imder his control during the period reported upon ; and an-
nually, or from tim.e to time as required by the selectmen, he
shall make a synopsis of all such reports for publication. He
shall keep the selectmen fully advised as to the needs of the
town within the scope of his duties, and shall furnish to the
selectmen on or before December first in each year, a care-
fully prepared and detailed estimate in writing of the appro-
priations required during the ensuing fiscal year for the proper
conduct of all departments of the town under his supervision.

Section 3. This act shall not take full effect unless ac-
cepted by a majority of the voters of said town, present and
voting thereon by ballot in accordance with the provisions
of General Laws, so far as the same shall be applicable, at a
meeting which the selectmen shall call for the purpose not
later than thirty days before the annual town meeting, in
answer to the question which shall be placed upon the official
ballot to be used at said meeting: — "Shall an act passed by
the General Court in the year nineteen hundred and forty-
nine entitled ' An Act authorizing the Selectmen of the Town
of Nahant to act as a Board of Public Works exercising tlie
powers of certain other Boards and Town Oflicers' be ac-
cepted by the Town?"

Section 4. At any time after the expiration of three
years from the date on which this act is accepted, twenty
per cent of the qualified voters may petition the selectmen
that the question of rescinding such acceptance be submitted
to the voters at a meeting to be held at least sixty days be-
fore the annual towm meeting. The vote shall be taken by
ballot in accordance with the provisions of General Laws, so
far as the same shall be applicable in answer to the question
which shall be placed upon the official ballot to be used at
said meeting, "Shall an act passed by the General Court in
the year nineteen hundred and forty-nine, entitled 'An Act
authorizing the Selectmen of the Town of Nahant to act as
a Board of Public Works exercising the powers of certain
other Boards and Town Officers' be rescinded by this town?"
If such action is favored by a majority of the voters voting
thereon, ard if the total number of voters voting thereon
shall be a majority of the registered voters of the town, the
town shall at the next annual town meeting foUowing such
vote elect such boards and officers as are necessary to exer-
cise and perform the powers, rights and duties transferred
to the board of public works by this act. Such action shall
not affect any contract then existing or any action at law or
suit in equity or other proceeding then pending. All general
laws respecting town administration and town officers and
any special laws relative to the town, the operation of which
has been suspended or superseded by the acceptance of this
act, shall be revived by such rescission and shall continue
to be in full force and effect. By-laws in force when such
rescission takes effect, so far as they are consistent with
general laws respecting town administration and town offi-

Acts, 1949. — Chaps. 245, 246. 161

cers and with special laws relating to the town, shall not be
affected thereby, but any other by-law inconsistent with
such p;eneral or special laws shall be revoked. Any subse-
quent vote to rescind the acceptance of this act shall not be
taken oftener than or;ee in every three years.

Approved April 29, 1949.

C/iap.245

An Act subjecting the office of supervisor of
veterans' graves and registration in the city of

BOSTON TO the CIVIL SERVICE LAWS.

Be it enacted, etc., as follows:

Section 1. The office of supervisor of veterans' graves
and registration in the city of Boston shall, upon the effective
date of this act, become subject to the civil service laws and
rules and regulations, and the term of office of any incum-
bent thereof shall be unlimited, subject, however, to said
laws; provided, however, that the present incumbent of
said office may continue to serve as such after passing a
qualifying examination to which he shall be subjected by
the division of civil service.

Section 2. This act shall take full effect upon its accept-
ance by the city council of the city of Boston subject to the
provisions of its charter, but not otherwise.

Approved April £9, 1949.

An Act exempting from taxation certain properti- (JJidj) 246
IN the dracut water supply district. ^'

Be it enacted, etc., as follows:

Section 1. Chapter 433 of the acts of 1905 is hereby
amended by striking out section 8 and inserting in place
thereof the following section: — Section 8. Whenever a tax
is duly voted by the district for the purposes of this act, the
clerk shall send a certified copy of the vote to the assessors of
said town, who shall assess the same on property within the
district in the same manner in all respects in which town taxes
are required by law to be assessed; provided, that no estate
shall be subject to any tax assessed on account of the system
of water supply under this act if, in the judgment of the board
of water commissioners hereinafter provided for, after a
hearing, due notice whereof shall have beer given, such
estate is so situated that it can receive no aid in the extin-
guishment of fire from the said system of water supply, or
if such estate is so situated that the buildings thereon, or
the buildings that might be constructed thereon, could not be
supplied with water from said system in any ordinary or
reasonable manner; but all other estates in the districi, shall
be deemed to be benefited and shall be subject to such tax.
A certified list of the estates exempt from taxation under the
l)ro\nsions of this section shall annually be sent by said
board of water commissioners to said assessors, at the same
time at which the clerk shall send a certified copy of the

162 Acts, 1949. —Chap. 247.

vote as aforesaid. The assessment shall be committed to
the town collector, who shall collect said tax in the manner
provided by law for the collection of town taxes, and shall
deposit the proceeds thereof with the district treasurer for the
use and benefit of the district. The district may collect in-
terest on overdue taxes in the manner in which interest is
authorized to be collected on town taxes.

Section 2. This act shall take full effect upon its accep-
tance by a majority vote of the voters of the territory
included within said district present and voting thereon,
by the use of a check list, at a district meeting called within
four j^ears after its passage, but not otherwise.

Approved April 29, 1949.

Chap. 24:7 An Act establishing a town manager form of govern-
ment FOR THE TOWN OF IPSWICH.

Be it enacted, etc., as follows:

Section 1. Upon the acceptance of this act by the town
of Ipswich, as hereinafter provided, the annual town election
of said town for the purpose of electing town officers and to
take action on such matters as are by law to be determined by
ballot, shall be held on the second Monday in March of
each year, and the annual meeting for the transaction of all
other business shall be held on the first Monday of March
each year at half past seven o'clock in the evening.

Section 2. Election of Selectmen. — At the first town
election following acceptance of this act, the registered voters
of the town shall elect two selectmen for three years, two
selectmen for two years and one selectman for one year. At
each annual town election thereafter, the voters shall elect
selectmen for three year terms to replace those whose terms
are about to expire. When a vacancy occurs among the
selectmen by reason of death, resignation, change of resi-
dence from the town or other disability, the remaining select-
men shall have power to fill the vacancy until the next annual
town election, at which the voters shall elect a selectman for
the remainder of the unexpired term. The selectmen shall
serve until their respective successors are qualified. Upon
the qualification of selectmen first elected under this act, the
term of office of the board of selectmen then existing shall
terminate.

Section 3. Appointive Powers of Selectmen. — The select-
men shall appoint, and may remove, election officers, the
town accountant, the registrars of voters, except the town
clerk.

Section 4. Election of School Committee. — At the first
annual town election following the acceptance of this act,
the registered voters of the town shall elect by ballot seven
members of the school committee; two for a term of one
year; two for a term of two years, and three for a term of
three years; and annually thereafter there shall be elected
members of the school committee, each for a term of three

ACTS; 1949. — Chap. 247. 163

years in the place of the members whose terms are about to
expire. Members of the school committee elected hereunder
shall serve until the qualification of their successors. When
a vacancy occurs in the membership of the school committee,
the remaining members shall give written notice thereof to
the selectmen, who, with the remaining members of the
school committee shall, after one week's notice, fill such
vacancy by ballot. A majority of the ballots of the officers
entitled to vote shall be necessary to such election. The
person so appointed or elected shall perform the duties of
the office until the next annual meeting or until another is
qualified. Upon the election and qualification of the mem-
bers of the school committee in the year of the annual town
election following the acceptance of this act, the terms of
office of the members of the then existing committee shall
terminate.

Section 5. Powers of ScJiool Committee. — Upon the
election and qualification of the seven members of the
school committee elected as herein provided, all the powers,
rights, duties and liabilities, except as hereinafter provided,
now or hereafter conferred or imposed by law upon the school
committee, shall be exercised and performed by the school
committee elected under the provisions of this section.
Nothing in this act shall be construed to affect the powers
and duties of the school committee as provided by law,
except as specifically provided herein.

Section 6. Multiple Officers. — A member of the finance
committee shall, during the term for which he was elected
or appointed, be ineligible either by election or appointment
to hold any other town office. Any person appointed by the
town manager to any town office under the provisions of this
act or of any general or special law shall be eligible during
the term of said office to appointment to any other town
office, except that the town accountant shall not be eligible
to hold the position of town treasurer or the position of town
collector. The town manager, subject to any applicable
provision of the General Laws relating thereto, may assume
the duties of any office which he is authorized to fill by ap-
pointment.

Section 7. Investigations or Surveys. — For the purpose
of making investigations or surveys, the selectmen may
employ such experts, counsel and other assistants and incur
such other expenses, not exceeding in any year the sum
of one thousand dollars, or such larger sum as may be appro-
priated for the purpose by the town, as they may deem
necessary, and the same shall be paid by the treasurer upon
a warrant signed by a majority of the board of selectmen.

TOWN manager.

Se(;tion 8. Appoi7itment of Town Manager. — The select-
men elected as provided herein shall appoint, as soon as
practicable, for a term of three years, a town manager who

164 Acts, 1949. — Chap. 247.

shall be a person especially fitted by education, training and
experience to perform the duties of the office. The town
manager shall be appointed without regard to his political
beliefs. He need not be a resident of the town or of this
commonwealth when appointed and shall not during the
three months prior to the annual election at which the
selectmen are elected hereunder, be the holder of an elective
or appointive ofiice in Ipswich, but shall be a resident of the
town during his term of office. He may be appointed for
successive terms of ofiice. Before entering upon the duties
of his office, the town manager shall be sworn to the faithful
and impartial performance thereof by the chairman of the
selectmen, or by the town clerk, or by a justice of the peace.
He shall execute a bond in favor of the town for the faithful
performxance of his duties in such sum and with such surety
or sureties as may be fixed or approved by the selectmen.

Section 9. Appointment of a Temporary Manager. —
Any vacancy in the office of town manager shall be filled
as soon as possible by the selectmen. Pending the appoint-
ment of a town manager or the filling of any vacancy, the
selectmen may appoint a suitable person to perform the
duties of the office.

Section 10. Acting Manager. — The town manager may
designate, by letter filed with the town clerk, a qualified
oflicer of the town to perform his duties during his temporary
absence or disability. In the event of failure of the manager
to make such designation, the selectmen may, by resolution,
designate an officer of the town to perform the duties of the
manager until he shall return or his disability shall cease.

Section 11. Removal of Manager. — The selectmen, by
a three fifths vote of the full membership of the board, may
remove the town manager. At least thirty days before such
proposed removal shall become effective, the selectmen shall
file a preliminary written resolution vnth. the town clerk
setting forth in detail the specific reasons for his proposed
removal, a copy of which resolution shall be delivered to the
town manager. The manager, within thirty days after notice,
so filed, may reply in writing to the resolution and may
request a public hearing. If the manager so requests, the
board of selectmen shall hold a public hearing not earlier
than twenty days nor later than thirty days after the filing
of such request. After such public hearing, if any, other-
^\ase at the expiration of thirty days following the filing of
the preliminary resolution, and after full consideration, the
selectmen by a three fifths vote of the full membership of
the board may adopt a final resolution of removal. In the
preliminaiy resolution, the selectmen may suspend the
manager from duty, but shall in any case cause to be paid to
him forthwith any unpaid balance of his salary and his
salaiy for the next three calendar months following the
filing of the preliminary resolution.

Section 12. Compensation of Manager. — The town
manager shall receive such compensation for his services as

Acts, 1949. — Chap. 247. leg

the selectmen shall determine but it shall not exceed the
amount appropriated therefor by the town.

Section 13. Powers and Duties of the Manager. — In ad-
dition to specific powers and duties provided in this act the
town manager shall have the general powers and duties
enumerated in this section : —

(a) The town manager shall supervise and direct the ad-
ministration of all departments, commissions, boards and
offices, except the board of selectmen, the school committee,
trust fund commissioners, election officers and the registrars
of voters.

(b) The town manager, in accordance with the provisions
of this act and except as otherwise expressly prohibited by
the General Laws, may reorganize, consolidate or abolish
departments, commissions, boards or offices under his
direction and supervision, in whole or in part, may establish
such new departments, commissions, boards and offices as
he deems necessary, and may transfer the duties and powers
of one department, commission, board or office to another
and may, with the approval and consent of the finance
committee, transfer the appropriation of one department,
commission, board or office to another.

(c) Except as otherwise provided by this act, the town
manager shall appomt upon merit and fitness alone, and,
subject to the provisions of chapter thirty-one of the General
Laws where applicable, and except as otherwise provided
herein, he may remove, all officers and employees of the town,
except employees of the school department; town officers
and employees not subject to the provisions of said chapter
thirty-one shall not be removed by him except on five days
notice in writing, setting forth the cause of such removal.

(d) Notwithstanding the provisions of section one hun-
dred and eight of chapter forty-one of the General Laws, but
subject to all apphcable provisions of chapter thirty-one of the
General Laws, the town manager shall fix the compensation
of all town officers and employees subject to removal by him.

(e) The town manager shall attend all regular meetings of
the board of selectmen except meetings at which his removal
is being considered.

(/) The town manager shall keep full and complete records
of his office, and shall render as often as may be required bj'-
the selectmen a full report of all operations during the period
reported on.

(g) The town manager shall keep the selectmen fully ad-
vised as to the needs of the town and shall recommend to the
selectmen for adoption such measures requiring action by
them or by the town as he may deem necessary or expedient.

(h) The town manager shall have jurisdiction over the
rental and use of all town property and shall be responsible
for the maintenance and repair of all town buildings. He
shall be responsible for the preparation of plans and the
supervision of work on existing buildings or on the construc-
tion of new buildings.

166 Acts, 1949. — Chap. 247.

{{) The town manager shall purchase all supplies and ma-
terials and equipment, except books for schools, and shall
award all contracts for all departments of the town. He
shall make purchases for departments not under his super-
vision only upon requisition duly signed by the head of such
department.

(j) The town manager shall administer either directly or
through a person or persons appointed by him in accordance
with this act all provisions of general and special laws appli-
cable to said town, all by-laws and all regulations established
by the selectmen.

(k) The town manager shall have authority to prosecute,
defend and compromise all litigation to which the town is a
party, and to employ special counsel to assist the town coun-
sel whenever in his judgment it may be necessary.

(I) The town manager shall perform such other duties
consistent with his office, as may be required of him by the
by-laws of the town or by vote of the selectmen.

(m) The town manager shall appoint all necessary town
officers not specifically provided for herein.

Section 14. Investigations by the Manager. — The town
manager may without notice cause the affairs of any division
or department under his control or the conduct of any officer
or employee thereof to be examined. The town manager
shall have access to all town books and papers for informa-
tion necessary for the proper performance of his duties.

Section 15. Appointment of Planning Board, — There
shall be established a planning board as herein provided
which shall have all the powers and duties of planning boards
established in accordance with section eighty-one A of chap-
ter forty-one of the General Laws, except that such planning
board shall not be authorized to act as playground commis-
sioners. The board established hereunder shall consist of
five members who shall be appointed by the town manager.
When such board is first established its members shall be
appointed for terms of such length and so arranged that the
term of at least one member will expire each year and his
successor shall be appointed by the town manager for a term
of five years. Any vacancy shall be filled for the unexpired
term by the town manager. Upon the appointment and
qualification of the members of the board, the term of office
of members of the then existing planning board shall ter-
minate.

Section 16. Appointment of Board of Public Welfare. —
The town manager shall appoint a board of public welfare to
consist of three suitably qualified persons. One of said per-
sons shall be appointed for a term of one year, one for a term
of two years, and one for a term of three years ; and annually
thereafter there shall be appointed by the town manager, a
member for a term of three years in the place of the member
whose term is to expire. The members shall serve until their
successors are appointed and quahfied. If for any reason a
vacancy occurs in the membership of the board of|public

Acts, 1949. — Chap. 247. 167

weKare, the vacancy shall be filled forthwith by the town
manager for the unexpired term. Upon the appointment and
quahfication of the members of the board of public welfare
as provided in this section the terms of office of the members
of the then existing board of public welfare of the town shall
terminate. The board of public welfare appointed hereunder
shall organize for the proper conduct of their duties and shall
possess all the powers and rights and be subject to all the
duties and liabilities conferred or imposed by law upon boards
of public welfare of towns, but in the performance of their
duties they shall be subject to the general supervision and
direction of the town manager. They shall be sworn to the
faithful performance of their duties by the chairman of the
selectmen or by a justice of the peace.

The town manager may appoint an agent of the board of
public welfare who maj'' be a member of said board and who
shall possess all the powers and liabilities conferred or im-
posed by law upon agents of boards of public welfare in
towns, but in the performances of his duties he shall be sub-
ject to the general supervision and direction of the town
manager.

Section 17. Appointmentof Board of Health. — The town
manager shall appoint a board of health to consist of three
suitably qualified persons. One of said persons shall be ap-
pointed for a term of one year, one for a term of two years,
and one for a term of three years; and annually thereafter
there shall be appointed b}'' the town manager, a member for
a term of three years in the place of the member whose term
is to expire. The members shall serve until their successors
are appointed and qualified. If for any reason a vacancy
occurs in the membership of the board of health, the vacancy
shall be filled forthwith by the town manager for the unex-
pired term. Upon the appointment and qualification of the
members of the board of health as provided in this section
the terms of office of the members of the then existing board
of health of the town shall terminate. The board of health
appointed hereunder shall organize for the proper conduct of
their duties and shall possess all the powers and rights and
be subject to all the duties and liabilities conferred or im-
posed by law upon the boards of health of towns, but in the
performance of their duties they shall be subject to the gen-
eral supervision and direction of the town manager. They
shall be sworn to the faithful performance of their duties by
the chairman of the selectmen or by a justice of the peace.

The town manager may appoint an agent of the board of
health, who may be a member of said board and who pos-
sesses all the powers and liabilities conferred or imposed by
law upon agents of boards of health in towns, but in the per-
formance of his duties he shall be subject to the general
supervision and direction of the town manager.

Section 18. Appointment of Board of Playground Com-
missioners. — The town manager shall appoint a board of
playground commissioners to consist of five suitably quali-

168 Acts, 1949. — Chap. 247.

fied persons. Two of said persons shall be appointed for a
term of one year, one for a term of two years, and one for a
term of three years; and annually thereafter there shall be
appointed by the town manager, a member or members for
a term of three years in the place of the member or mem-
bers whose term is to expire. The members shall serve until
their successors are appointed and qualified. If for any
reason a vacancy occurs in the membership of the board of
playground commissioners, the vacancy shall be filled forth-
with by the town manager for the unexpired term. Upon
the appointment and qualification of the members of the
board of playground commissioners as provided in this
section the terms of office of the members of the then existing
board of playground commissioners of the town shall termi-
nate. The board of playground commissioners appointed
hereunder shall organize for the proper conduct of their
duties and shall possess all the powers and rights and be
subject to all the duties and liabilities conferred or imposed
by law upon the boards of playground commissioners of
towns, but in the performance of their duties they shall be
subject to the general supervision and direction of the town
manager. They shall be sworn to the faithful performance
of their duties by the chairman of the selectmen or by a
justice of the peace.

Section 19. Appointment of Board of Cemetery Com-
missioners. — The town manager shall appoint a board of
cemetery commissioners to consist of three suitably qualified
persons. One of said persons shall be appointed for a term
of one year, one for a term of two years, and one for a term
of three years; and annually thereafter there shall be ap-
pointed by the town manager, a member for a term of three
years in the place of the member whose term is to expire.
The members shall serve until their successors are appointed
and qualified. If for any reason a vacancy occurs in the
membership of the board of cemetery commissioners, the
vacancy shall be filled forthwith by the town manager for the
unexpired term. Upon the appointment and qualification
of the members of the board of cemetery commissioners as
provided in this section the terms of office of the members of
the then existing board of cemetery commissioners of the
town shall terminate. The board of cemetery commissioners
appointed hereunder shall organize for the proper conduct
of their duties and shall possess all the powers and rights
and be subject to all the duties and liabilities conferred or
imposed by law upon boards of cemetery commissionei-s
of towns, but in the performance of their duties they shall
be subject to the general supervision and direction of the
town manager. They shall be sworn to the faithful per-
formance of their duties by the chairman of the selectmen
or by a justice of the poace.

Section 20. Appointment of Board of Fire Emjineers. —
The town manager shall appoint a board of fire engineers
to consist of three suitably qualified persons. One of said

Acts, 1949. — Chap. 247. 159

persons shall be appointed for a term of one year, one for a
term of two years, and one for a term of three years; and
annually thereafter there shall be appointed by the town
manager, a member for a term of three years in the place of
the member whose term is to expire. The members shall
serve until their successors are appointed and qualified. If
for any reason a vacancy occurs in the membership of the
board of fire engineers, the vacancy shall be filled forth-
with by the town manager for the unexpired term. Upon
the appointment and qualification of the members of the
board of fire engineers as provided in this section the terms
of office of the members of the then existing board of fire
engineers of the town shall terminate. The board of fire
engineers appointed hereunder shall organize for the proper
conduct of their duties and shall possess all the powers and
rights and be subject to all the duties and liabilities conferred
or imposed by law upon boards of fire engineers of towns,
but in the performance of their duties they shall be subject
to the general supervision and direction of the to"\vn manager.
They shall be sworn to the faithful performance of their
duties by the chairman of the selectmen or by a justice of
the peace.

The board of fire engineers shall appoint, subject to the
approval of the town manager, a chief of the department.

Section 21. Appointment of Board of Assessors. — The
town manager shall appoint three suitably qualified persons
as assessors. One of said persons shall be appointed for a
term of one year, one for a term of two years, and one for a
term of three years; and annually thereafter there shall be
appointed by the town manager, an assessor for a term of
three years in the place of the assessor whose term is to ex-
pire. The assessors shall serve until their successors are
appointed and qualified. If for any reason a vacancy occurs
in the membership of the board of assessors, the vacancy
shall be filled forthwith by the town manager for the un-
expired term. Upon the appointment and qualification of
assessors as provided in this section the terms of office of the
members of the then existing board of assessors of the town
shall terminate. The assessors appointed hereunder shall
organize for the proper conduct of their duties and shall
possess all the powers and rights and be subject to all the
duties and liabilities conferred or imposed by law upon
assessors of towns, but in the performance of their duties
they shall be subject to the general supervision and direction
of the town manager. They shall be sworn to the faithful
performance of their duties by the chairman of the selectmen
or by a justice of the peace.

Section 22. Toiun Clerk. — The town manager shall
appoint a suitably qualified person to the office of town clerk.
The existing elective oflB.ce of town clerk shall be continued
until the person appointed to said ofl5ce of town clerk shall
have qualified, at which time the elective office of town clerk
shall terminate. The town clerk shall have the powers, per-

170 Acts, 1949. — Chap. 247.

form the duties and be subject to the liabihties and penalties
now or hereafter conferred or imposed by law upon town
clerks. He shall be sworn to the faithful performance of his
duties by the chairman of the selectmen or by a justice of
the peace. The town clerk shall be subject to the general
supervision and direction of the town manager in the per-
formance of his duties.

Section 23. Town Treasurer. — The town manager shall
appoint a suitably qualified person to the office of town treas-
urer. The existing elective office of town treasurer shall be
continued until the person appointed to said office of town
treasurer shall have qualified, at which time the elective
office of town treasurer shall terminate. The town treasurer
shall have the powers, perform the duties, and be subject
to the liabilities and penalties now or hereafter conferred
or imposed by law upon town treasurers but in the conduct
of his office shall be subject to the supervision and direction
of the town manager. Whenever it shall be necessary to
execute any deed conveying land, or any other instrument
required to carry into effect any vote of the town, the same
shall be executed by the treasurer in behalf. of the town,
unless the town shall vote otherwise. The town treasurer
shall be sworn to the faithful performance of his duties by
the town clerk or by a justice of the peace.

Section 24. Town Collector. — The town manager shall
appoint a suitably qualified person to the office of town col-
lector. The existing elective office of town collector shall
be continued until the person appointed to said office of town
collector shall have qualified, at which time the elective office
of town collector shall terminate. The collector shall have
the powers, perform the duties and be subject to the liabili-
ties and penalties now or hereafter conferred or imposed by
law upon town collectors except that in the performance of
his duties he shall be subject to the general supervision and
direction of the town manager. The town collector shall be
sworn to the faithful performance of his duties by the town
clerk or by a justice of the peace.

Section 25. Town Accountant. — Except as otherwise
provided in this act, the town accountant shall have the
powers, perform the duties and be subject to the liabilities
and penalties now or hereafter conferred or imposed by law
upon town accountants but in the performance of his duties
he shall be subject to the general supervision and direction
of the town manager. The town accountant shall be sworn
to the faithful performance of his duties by the town clerk
or by a justice of the peace.

Section 26. Department of Public Works. — There shall
be established a department of pubhc works as herein pro-
vided. Amongst other responsibilities the collection and
removal of refuse, garbage and offal shall also be the duty
of this department. The town manager shall appoint a
suitably quahfied person or persons to the office of superin-
tendent of public works or superintendents of such classifi-

Acts, 1949. — Chap. 247. 171

cations of departments herein as he shall establish who may
be removed by the town manager, for cause, as provided
in section thirteen. The person or persons so appointed
hereunder shall possess all the powers and rights and be sub-
ject to all the duties and liabilities now or hereafter con-
ferred by law, general or special, upon the municipal water
and light commissioners of the town, park commissioners,
superintendent of highways and tree warden, but in the
performance of his or their duties he or they shall be subject
to the general supervision and direction of the town manager.
He or they shall be sworn to the faithful performance of his
or their duties by the town clerk or by a justice of the peace.
Upon the appointment and qualification of such superintend-
ent or superintendents as provided in this section, the terms
of office of the then existing water and light commissioners,
highway superintendent, tree warden, light superintendent
and park commissioners shall terminate. The town manager
shall establish such divisions and subordinate ofiices within
the department of public works as he deems necessary and
shall prescribe the powers, rights, duties, and liabilities of
the same.

LEGAL AFFAIRS.

Section 27. Appointment of Town Counsel. — The town
manager shall annually appoint an attorney-at-law to act
as town counsel, who shall draft all bonds, deeds, leases,
obligations, conveyances and other legal instruments and
shall perform such other legal services as may be requested
of him by a vote of the town, by the town manager, or by
any board of town officers. Also, when so requested he shall
furnish a written opinion on any question that may be sub-
mitted to him, and he shall at all times upon request of the
town manager furnish legal advice to any officer of the town
who may require his advice upon any subject concerning the
duties of such officer. He shall prosecute all suits or other
legal proceedings ordered to be brought by the town or by
the board of selectmen, and shall appear before the courts
of the commonwealth in defense of all actions or suits brought
against the town or its officers in their official capacity, and
shall try and argue any and all causes in which the town shall
be a party or before any board of referees or commission and
shall appear at any and all hearings on behaK of the town
whenever his services may be required.

Section 28. Approval of Warrants. — The town manager
shall be the chief fiscal officer of the town. Warrants for the
payment of town funds prepared by the town accountant in
accordance with the provisions of section fifty-six of chapter
forty-one of the General Laws shall be submitted to the town
manager. The approval of any such warrant by the town
manager shall be sufficient authority to authorize payment
by the town treasurer, but the "selectmen shall approve all
warrants in the event of the absence of the town manager or
a vacancy in the office of town manager.

172 Acts, 1949. — Chap. 247.

Section 29. Investigation of Claims. — Whenever any
payroll, bill or other claim against the town is presented to
the toAvn manager he shall, if the same seems to him to be of
doubtful validitj'', excessive in amount, or otherwise con-
trary to the interests of the town, refer it to the selectmen
who shall immediately investigate the facts and determine
what, if any, payment should be made. Pending such in-
vestigation and determination by the selectmen, payment
shall be withheld.

Section 30. Receipts paid to the Treasury. — Every
officer shall pa}'^ into the treasury of the town all amounts
received by him on behalf of the town, and shall make a true
return thereof to the town accountant stating the accounts
upon which such amounts were received.

Section 31. Fees paid to Treasury. — The aggregate
annual compensation of each town employee appointed by
the manager shall be limited to the amount established in
accordance with the provisions of this act and all fees re-
ceived in accordance with the provisions of any general or
special law shall be paid into the treasury of the town.

Section 32. Certain Town Officers not to make Contracts
with the Town. — It shall be unlawful for any selectman,
the town manager, any member of the school committee,
or any other elective or appointive official, except as other-
wise provided by this act or any other provision of law,
directly or indirectly to make a contract with the town, or to
receive any commission, discount, bonus, gift, contribution
or reward from, or any share in the profits of, any person
or corporation making or performing such a contract,
unless the official concerned, immediately upon learning
of the existence of such contract, or that such a contract
is proposed, shall notify the selectmen in writing of the
contract and of the nature of his interest therein and shall
abstain from doing any official act on behalf of the town
in reference thereto. In case such interest exists on the
part of an officer whose duty it is to make such a contract
on behalf of the town, the contract may be made by another
officer or voter of the town duly authorized thereto by vote
of the selectmen. Violation of any provision of this section
shall render the contract in respect to which such violation
occurs voidable at the option of the town. Any person
violating any provision of this section shall be punished by
a fine of not more than one thousand dollars, or by imprison-
ment for not more than one year, or by both such fine and
unprisonment.

Section 33. Estimates of Expenditures. — On or before
the tenth day of December of each year, the town manager
shall submit to the selectmen a careful, detailed estimate in
writing of the probable expenditures of the town govern-
ment for the ensuing fiscal year, stating the amount required
to meet the interest and maturing bonds and notes or other
outstanding indebtedness of the town, and showing specifi-
cally the amount necessary to be provided for each fund

Acts, 1949. — Chap. 247. 173

and department, together with a statement of the expendi-
tures of the town for the same purposes in the two preceding
years and an estimate of the expenditures for the current
year. He shall also submit a statement showing all revenues
received by the town in the two preceding fiscal years together
with an estimate of the receipts of the current year and an
estimate of the amount of income from all sources of revenue
exclusive upon property in the ensuing year. He shall
report the probable amount required to be levied and raised
by taxation to defray all expenses and liabilities of the town
together with an estimate of the tax rate necessary to raise
said amount. For the purpose of enabling the town manager
to make up the annual estimate of expenditures, all boards,
officers, and committees of the town shall, upon his written
request, furnish all information in their possession and
submit to him in writing a detailed estimate of the appro-
priations required for the efficient and proper conduct of
their respective departments during the next fiscal year.

Section 34. Annual Budget. — The selectmen shall
consider the tentative budget submitted by the town manager
and make such recommendations relative thereto as they
deem expedient and proper in the interests of the town. On
or before the twenty-fifth day of January of each year the
selectmen shall transmit a copy of the budget together with
their recommendations relative thereto to each member
of the finance committee.

FINANCE COMMITTEE.

Section 35. Appointment of Finance Committee. — There
shall be a finance committee consisting of nine registered
voters of the town. No elective or appointive town officer
or town employee shall be eligible to serve on said com-
mittee. The moderator elected under the provisions of
this act in the year nineteen hundred and fifty-one shall
forthwith appoint three members of the finance committee
for terms of one year, three members for terms of two years,
and three members for terms of three years. At each annual
town meeting thereafter the moderator shall appoint three
members of said committee for terms of three years. The
terms of office of said members shall commence immediately
upon their qualification and shall expire at the final ad-
journment of the annual town meeting at which their suc-
cessors are appointed. Said committee shall choose its
own officers and shall serve without pay. It shall cause
to be kept a true record of its proceedings. Upon the ap-
pointment and qualification of a finance committee as
provided herein the terms of office of all members of the
then existing committee shall terminate.

Section 36. Appointments to fill Vacancies. — The said
committee shall fill any vacancy which may occur in its
membership, by vote, an attested copy of which shall be
sent by its secretary to the town clerk. If any member is

174 Acts, 1949. — Chap. 247.

absent from three consecutive meetings of said committee,
except in case of illness, his position shall be deemed to be
vacant and shall be filled as herein provided. The term of
office of any person so chosen to fill a vacancy shall expire
at the final adjournm.ent of the next succeeding annual
town meeting, and the moderator shall appoint his successor
to complete the unexpired term of the member in whose
office such vacancy originally occurred.

Section 37. Consideration of Town Warrant. — All
articles in any warrant for a town meeting except articles
providing for election of town officers shall be referred to
the finance committee for its consideration. The selectmen
after drawing any such warrant shall transmit immediately
a copy thereof to each member of said committee. A public
hearing shall be held at least ten days before the annual
town meeting upon all such articles in the warrant for such
meeting and a notice of such hearing shall be given by post-
ing a copy thereof in at least three public places in the town
not less than three days before the time of holding such
hearing. The finance committee may hold a public hearing
on any or all articles in the warrant for a special town
meeting. Notice of such hearing shall be given by posting
a copy thereof in at least three public places in the town
not less than three days before the time of holding such
hearing. Said committee, after due consideration of the
subject matter of such articles in any warrant, shall report
thereon to the town meeting, in writing, such recommenda-
tions as it deems best for the interests of the town and its
citizens. The report of the finance committee on such
articles in the warrant for any annual meeting shall be filed
with the town clerk not later than fifteen days before the
first Monday in March and the town clerk shall forthwith
cause said report to be printed and a copy thereof to be
distributed prior to said meeting to each registered voter
in the town.

if Section 38. Recommendations by Committee. — It shall
be the duty of the finance committee annually to consider
the expenditures in previous years and the estimated re-
quirements for the ensuing year as set forth in the budget
submitted to them by the selectmen. The finance committee
shall add to the statement of expenditures and estimates in
the annual budget another column, giving the amounts
which in its opinion should be appropriated for the ensuing
year, and shall further add thereto such explanations and
suggestions relating to the proposed appropriations as it
may deem expedient, and report thereon as provided in sec-
tion thirty-seven.

No recommendation of the finance committee relating to
any article in the town warrant requiring the appropriation
of money shall be increased or decreased except by a two
thirds vote of the town meeting.

Section 39. Free Access to Financial Data. — In the
discharge of its duty, said committee shall have free access

Acts, 1949. — Chap. 247. 175

to all books of records and accounts, bills and vouchers on
which money has been or may be paid from the town treasury.
Officers, boards and committees of the town shall, upon
request, furnish said committee with facts, figures and any
other information pertaining to their several activities.

Section 40. Annual Report. — It shall be the duty of
the finance committee to make an annual report of its doings,
with recommendations relative to financial matters and the
conduct of town business, which shall be included in the
annual town report.

Section 41. All powers, rights, duties and liabilities
which, by chapter three hundred and thirteen of the acts
of eighteen hundred and ninety and chapter one himdred
and six of the acts of nineteen hundred and four and any
acts in amendment thereof or supplemental thereto, are
vested in the board of water commissioners, the board of
selectmen or the board of water and municipal light com-
missioners of the town of Ipswich, are hereby transferred
to and invested in the town manager appointed under the
provisions of this act. No contracts, rights or liabilities so
existing at the time of the effective date of the acceptance of
this act shall be affected hereby.

Section 42. Submission of Act and Time of Taking
Effect. — This act shall be submitted to the qualified voters
of the town of Ipswich for acceptance at the annual election
to be held on the second Monday in March, nineteen hun-
dred and fifty. The vote shall be taken by ballot in answer
to the following question which shall be printed on the
official ballot: "Shall an act passed by the general court in
the year nineteen hundred and forty-nine entitled 'An act
establishing a town manager form of government for the
town of Ipswich' be accepted?" If this act shall be so ac-
cepted by a majority of the qualified voters voting thereon it
shall take effect immediately following the next annual
town meeting for the purpose of the appointment by the
selectmen as herein provided of the town manager. All
budgets and estimates of appropriations required for the
ensuing fiscal year prepared by heads of departments under
his control prior to the annual town meeting shall be subject
to the supervision and approval of the town manager.
Upon acceptance by a majority of the qualified voters as
herein provided, this act shall also take effect for the pur-
poses of the annual meeting for the year following its ac-
ceptance and for all things that pertain to said election, and
shall take full effect upon the election and qualification of
the selectmen, except as herein provided. Appointees of the
officers and boards abohshed and consolidated by this act
shall continue to draw compensation at the same rate and to
exercise like powers, authority and jurisdiction as theretofore
until provision otherwise is made.

If this act is rejected by the qualified voters of the town
of Ipswich when first submitted to said voters under this
section, it shall be submitted for acceptance in like manner

176 Acts, 1949. — Chap. 247.

to such voters at the annual town election in said town in
the year nineteen hundred and fifty-one, and, if accepted by
a majority of such voters voting thereon at said election,
rshall take effect as hereinbefore provided.

Section 43. Duties of Certain Town Officials relative to
Election. — It shall be the duty of the selectmen and the
town clerk in office and any other town official upon whom
by reason of his office a duty devolves by the provisions of
this act, when this act is accepted by the qualified voters as
herein provided, to comply with all the requirements of this
act relating to elections, to the end that all things may be
done necessary for the nomination and election of the officers
first to be elected under this act.

Section 44. By-Laws, Rules, etc. — All law, by-laws, rules
and regulations in force in the town of Ipswich when this
act takes effect, not inconsistent with its provisions, whether
enacted by authority of the town or any other authority,
shall continue in full force and effect until otherwise provided
by law, by-law or vote; all other laws, by-laws, rules and
regulations, so far as they refer to the town of Ipswich, are
hereby repealed and annulled, but such repeal shall not re-
vive any pre-existing enactment.

Section 45. Revocation of Acceptance. — At any time
after the expiration of three years from the date of which
this act is accepted and not less than sixty days before the
date of an annual meeting, a petition, signed by not less
than twenty per cent of the registered voters of the town,
may be filed with the selectmen, requesting that the question
of revoking the acceptance of this act be submitted to the
voters. Thereupon the selectmen shall cause the question of
revocation of the acceptance to be placed on the ballot at
the next annual election, at said election the vote shall be
taken in answer to the following question which shall be
printed on the official ballot: "Shall the acceptance by the
town of Ipswich of an act passed by the General Court in
the year 1949, entitled 'An act establishing a town manager
form of government for the town of Ipswich' be revoked?"
If such revocation is favored by a majority of the voters
voting thereon by ballot, the acceptance of this act shall be
revoked and this act shall become null and void beginning
with the annual town meeting next following such vote,
which meeting shall be held at such time, in conformity with
general law, as may be determined by vote of the town ; pro-
vided, that all town officers holding office under this act shall
continue to hold office until their successors have been duly
qualified. At the first annual town election following such
vote of revocation the registered voters of the town shall
elect by ballot all elective officers and boards whose election
to office was required prior to the acceptance of this act and
the terms of office shall be so arranged that there shall be
elected annually thereafter such officers as were elected an-
nually prior to the acceptance of this act. It shall be the
duty of the selectmen and the town clerk in office and any

Acts, 1949. — Chaps. 248, 249. 177

other town official upon whom by reason of his office a duty
devolves when this act is revoked, to comply with all the
requirements of this section relating to elections, to the end
that all things may be done necessary for the nomination and
election of the officers required to be elected following the
revocation of this act. The said revocation shall not affect
any contract then existing ur any action at law or any suit
in equity or any other proceedings then pending, with the
exception of any contract made by the town, with the town
manager then in office, whose office shall be abolished im-
mediately upon such vote, but who shall receive three months
compensation from such date following such revocation. The
board of selectmen shall be charged with all the powers and
duties of the town manager which duties and responsibilities
may discharge by themselves or by a temporary town man-
ager appointed by them. Any special laws relative to said
town which are repealed by this act shall be revived by such
revocation. Any by-law in force when said revocation takes
effect, so far as consistent with the general laws respecting
town government and town officers and the said special laws,
shall not be affected thereby. Approved April 29, 1949.

Chap. 248

An Act providing for the payment of an annual

salary of five hundred dollars to each of the

members of the board of aldermen of the city of
chicopee.

Be it enacted, etc., as follows:

Section 1. Notwithstanding the provisions of any gen-
eral or special law to the contrary, the annual salary of
each of the members of the board of aldermen of the city of
Chicopee shall be five hundred dollars.

Section 2. This act shall be submitted for acceptance
to the registered voters of the city of Chicopee at the regular
municipal election in the current year in the form of the fol-
lowing question which shall be placed upon the official ballot
to be used at said election: — "Shall an act of the general
court passed in the current year, entitled 'An Act providing
for the payment of an annual salary of five hundred dollars
to each of the members of the board of aldermen of the city
of Chicopee', be accepted?" If a majority of the voters
voting thereon vote in the affirmative in answer to said
question this act shall take full effect on January first, nine-
teen hundred and fifty. Approved April 29, 1949.

An Act authorizing the solemnization of marriages QJini) 049

BY ordained deacons IN THE METHODIST CHURCH. ^*

Be it enacted, etc., as folloivs:

Section 38 of chapter 207 of the General Laws, as most a. l. (Ter.
recently amended by section 2 of chapter 197 of the acts of fH; etJ.'.
1946, is hereby further amended by inserting after the word amended.
"denomination" in lines 7 and 8 the words: — ,|including

178

Acts, 1949. — Chap. 250.

Marriage
may be
solemnized by
ordained
deacons in
The Metho-
dist Church.

ordained deacons in The Methodist Church, — so as to read
as follows : — Section 38. A marriage may be solemnized in
any place within the commonwealth by a minister of the
gospel who resides in the commonwealth or who if a non-
resident is the pastor of a church or denomination duly
established in the commonwealth and who is recognized by
his church or denomination as dul}-- ordained and in good and
regular standing as a minister of such church or denomina-
tion, including ordained deacons in The Methodist Church;
by a rabbi of the Israelitish faith, duly licensed by a con-
gregation of said faith established in the commonwealth,
who has filed with the clerk or registrar of the city or town
where such congregation is established, a certificate of the
establishment of the synagogue therein, the date of his
appointment thereto and of the term of his engagement;
by a justice of the peace if he is also clerk or assistant clerk
of a city or town, or a registrar or assistant registrar, in the
city or toAvn where he holds such office, or, if he is also clerk
or assistant clerk of a court, in the city or town where the
court is authorized to be held, or, if he has been designated
as provided in the following section and has received a
certificate of designation and has qualified thereunder, in
the city or to^vn where he resides; and it may be solemnized
among Friends or Quakers according to the usage of their
societies, and it may be solemnized among the Baha'is by the
chairman of an incorporated local spiritual assembly of the
Baha'is according to the usage of their society; but no
person shall solemnize a marriage in the commonwealth
unless he can read and write the English language.

Churches and other religious organizations shall file in the
office of the state secretary information relating to persons
recognized or licensed as aforesaid, in such form and at such
times as the secretary may require.

Approved April 29, 1949.

Chap. 250 An Act authorizing the city of Worcester to take

LAND FROM A PUBLIC PLAYGROUND IN SAID CITY FOR
HIGHWAY PURPOSES.

Be it enacted, etc., as follows:

Section 1. For the purpose of widening Fowler street
in the city of Worcester, and for the purpose of creating a
public way, said city is hereby authorized to take land from
Logan Field, a public playground in said city and under the
jurisdiction of its parks and recreation commission.

Section 2. This act shall take effect upon its acceptance
by the city council of the city of Worcester, subject to the
provisions of its charter, and by the parks and recreation
commission of said city. Approved April 29, 1949.

Acts, 1949. — Chaps. 251, 252, 253. 179

An Act authorizing fraternal benefit societies to (Jhnnj 251

ADMIT CERTAIN ADDITIONAL INSURANCE MEMBERS WITH- ^'

OUT MEDICAL EXAMINATION.

Whereas, The deferred operation of this act would tend pr'^amWe''^
to defeat its purpose, which is in part to make the benefits
thereof immediately available to fraternal benefit societies,
therefore, it is hereby declared to be an emergency law,
necessary for the immediate preservation of the public
convenience.

Be it enacted, etc., as follows:

Section 31 of chapter 176 of the General Laws, as most g. l. (Ter.

Rfl ^ 1 7fi

recently amended by chapter 393 of the acts of 1947, is § 31.' etc.,'
hereby further amended by inserting after the word "there- ^'"^"ded.
for", in fine 15, the following: — ; and, provided further,
that any such society may accept, without medical exami-
nation, for a face amount of life insurance not more than
three thousand dollars on any one life, any person not more
than forty-five years of age who shall make acceptable
declaration of his insurability. Approved May 3, 1949.

An Act authorizing fraternal benefit societies to Qhn^ 252
ISSUE contracts providing for the payment of an- ^'

NUITIES.

Whereas, The deferred operation of this act would tend Emergency
to defeat its purpose, which is in part to make the benefits '^'^^*""
thereof immediately available to fraternal benefit societies,
therefore, it is hereby declared to be an emergency law,
necessary for the immediate preservation of the public
convenience.

Be it enacted, etc., as follows:

The first sentence of section 19 of chapter 176 of the o. l. (Ter.
General Laws, as amended by section 6 of chapter 346 of ftc!,^'amended^'
the acts of 1945, is hereby further amended by inserting
after the word "benefits", in lines 1 and 2, the words: —
, and may issue to its members term, life, endowment and
annuity certificates and combinations thereof.

Approved May 3, 1949.

An Act defining the term "net accretions" with

RESPECT TO the USE OF MORTUARY FUND INCOME BY
FRATERNAL BENEFIT SOCIETIES.

C/iap.253

Whereas, The deferred operation of this act would tend Emergency

to defeat its purpose, which is in part to make the benefits
thereof immediately available to fraternal benefit societies,
therefore, it is hereby declared to be an emergency law.
necessary for the immediate preservation of the public
convenience.

preamble.

180 Acts, 1949. — Chaps. 254, 255.

Be it enacted, etc., as follows:

Ed 'r 176^"^' Section 14 of chapter 176 of the General Laws, as amended

§ i'4,' etc' by section 5 of chapter 346 of the acts of 1945, is hereby

amended. further amended by adding at the end the following sen-

ti!!!i1f"''deffned tcnce: — The term "net accretions" shall mean all interest,

dividends and other income less the reasonable expenses

incident to the investment, care and maintenance of the

securities and other assets of such funds.

Approved May 3, 1949.

Chap. 254i An Act increasing the amount of money that may be

BORROWED BY THE TOWN OF FOXBOROUGH FOR THE PUR-
POSE OF PURCHASING LAND AND CONSTRUCTING THEREON
AN ADDITION TO THE HIGH SCHOOL BUILDING, AND FOR
EQUIPPING AND FURNISHING SAID ADDITION.

Be it enacted, etc., as follows:

Section 1. Section 1 of chapter 16 of the acts of the cur-
rent year is hereby amended by striking out, in line 6, the
word "three" and inserting in place thereof the word: —
four, — so as to read as follows : — Section 1 . For the pur-
pose, of purchasing land and constructing thereon an addi-
tion to the high school building, and originally equipping
and furnishing said addition, the town of Foxborough may
borrow, from time to time, within a period of five years from
the passage of this act, such sums as may be necessary, not
exceeding in the aggregate four hundred and fifty thousand
dollars, and may issue bonds or notes therefor, which shall
bear on their face the words, Foxborough School Addition
Loan, Act of 1949. Each authorized issue shall constitute
a separate loan, and such loans shall be paid in not more
than twenty years from their dates. Indebtedness incurred
under this act shall be in excess of the statutory limit, but
shall, except as provided herein, be subject to chapter forty-
four of the General Laws, exclusive of the limitation con-
tained in the first paragraph of section seven thereof.

Section 2. This act shall take effect upon its passage.

Approved May 4, 1949.

Chap. 255 An Act further providing for the health and safety

OF CERTAIN EMPLOYEES IN TEXTILE FACTORIES.

Be it enacted, etc., as follows:

Ed.V; H9,'' Chapter 149 of the General Laws is hereby amended by

new '§141 A, inserting after section 141 the following section: — Sec-

cemin tion 14IA. No person or persons employed in a textile fac-

empioyees tory, whose principal employment is the tending or repairing

faotories^'not of machinery, shall be required to lift by hand, as a regular

ovwl "certain P^^'^ ^f his Or their duties, any object or objects the com-

weighi. bined weight of which totals more than three hundred and
twenty-five pounds. Approved May 4, 1949.

Acts, 1949. — Chap. 256. 181

An Act relative to the membership of recreation (j}fQr) 256

COMMISSIONS IN CITIES AND TOWNS AND PROVIDING THAT ^'

TWO OR MORE TOWNS MAY ESTABLISH JOINT COMMISSIONS.

Be it enacted, etc., as follows:

Chapter 45 of the General Laws is hereby amended by g. l. (Ter.
striking out section 14, as appearing in the Tercentenary fmende^d.^ '*'
Edition, and inserting in place thereof the following: — Sec- Laying out,
Hon 14. Any city or town may acquire land and buildings {foi of'piaT-
within its limits by gift or purchase, or by eminent domain ^°"'*^,''^^„
under chapter seventy-nine, or may lease the same, or may or by join"
use suitable land or buildings already owned by it, for the ofT^'^r"^
purposes of a public playground or recreation centre, and ^^te towns.
may conduct and promote recreation, play, sport and physi-
cal education, for which admission may be charged, on such
land and in such buildings, and may construct buildings on
land owned or leased by it and may provide equipment for
said purposes. Buildings so acquired, leased or constructed
may be used also for town meetings, and, with the consent
of, and subject to the conditions and terms prescribed by,
the officer or board in control of the building, may be used
by the municipality, or by any department thereof, or by
any person, society or other organization for such other
public, recreational, social or educational purposes as the
said officer or board may deem proper. For the purposes
aforesaid, any city or town may appropriate money, and
may employ teachers, supervisors and other officers, and may
fix their compensation. Except in Boston and except as to
the making of appropriations, the powers conferred by this
section shall be exercised by the board of park commission-
ers, or by the school committee, or by the planning board,
or by a playground or recreation commission appointed by
the mayor in a city or by the selectmen or town moderator
in a town, or elected by the voters of the town at a town
meeting; or may be distributed among the board of park
commissioners, the school committee, the planning board
and such playground or recreation commission, or among
any two or more of them ; or they may be exercised by a com-
mittee consisting of one member each designated by all or
any one of said boards or commissions, together with two
or more members at large appointed by the mayor or select-
men or town moderator, or elected by the voters, accordingly
as the city council or the town may decide. Any municipal
officer or board authorized to exercise any of the powers
conferred by this section Tnay conduct its activities on prop-
erty under its control, on other public property under the
control of other public officers or boards, with the consent
of such officers or boards, or on private property, with the
consent of the owners. Two or more towns may severally
vote to establish co-operative arrangements between those
towns for the provision and operation of recreational facili-
ties and programs of mutual benefit to their citizens. The
management and control of such facilities and programs and

182

Acts, 1949. — Chaps. 257, 258.

the apportionment of the expenses for their maintenance
and support shall be provided for by the authorized recrea-
tion agencies of the participating towns. The provisions of
section fifteen or sixteen shall not be construed to apply to
any city or town because of any action taken under this
section. Approved May 4, 1949.

G. L. (Ter.
Ed.), 25, § 3,
amended.

Commissioners
not to be in
the employ of,
or pecuniarily
interested in
public utility
companies

Chap. 257 An Act providing that commissioners of the depart-
ment OF PUBLIC utilities SHALL NOT BE PECUNIARILY
INTERESTED IN CERTAIN PUBLIC UTILITY COMPANIES
OR IN THE EMPLOY OF ANY PERSON FINANCING ANY SUCH
COMPANY.

Be it enacted, etc., as follows. ■

Chapter 25 of the General Laws is hereby amended by
striking out section 3, as appearing in the Tercentenary
Edition, and inserting in place thereof the following : —
Section 3. The commissioners shall be sworn to the faith-
ful performance of their official duties. They shall not own
or be in the employ of or own any stock in any public utility
company nor shall they be in any way directly or indirectly
pecuniarily interested in or connected with any such public
utility company or in the employ or connected with any
person financing any public utility company. They shall
not personally or through any partner or agent render any
professional service or make or perform any business con-
tract with or for any public utility company, except con-
tracts made with them as common carriers for furnishing
of services, nor shall they directly or indirectly receive any
commission, bonus, discount, present or reward from any
public utility company.

For the purposes of this section a public utility company
is defined as any corporation, city, town or other govern-
mental subdivision, partnership or other organization or any
individual engaged within the commonwealth in any business
which is, or the persons engaged in which are, in any respect
made subject to the supervision or regulation of the depart-
ment by any provision of law except chapter one hundred and
ten A of the General Laws and chapter six hundred and fifty-
one of the acts of nineteen hundred and ten, as amended.

Approved May 5, 1949.

Public utility

company,

defined.

Chap. 258 An Act increasing the amount payable for burial

EXPENSES under THE WORKMEN'S COMPENSATION ACT
IN CASES WHERE THE DECEASED EMPLOYEE HAS NO DE-
PENDENTS.

Be it enacted, etc., as follows:

Edt" isl"^! 33 Section 33 of chapter 152 of the General Laws, as most

etc!, 'amended.' rcccntly amended by chapter 155 of the acts of 1948, is

hereby further amended by adding at the end the follow-

Acts, 1949. — Chaps. 259, 260, 261. 183

ing: — ; provided, that in any case where there are no
dependents of the deceased employee the insurer shall pay
the expense of burial not exceeding five hundred dollars.

Approved May -5, 1949.

An Act relative to the holding of other offices or Chap. 259

POSITIONS BY MEMBERS OF THE CITY COUNCIL IN THE
CITY OF EVERETT.

Be it enacted, etc., as follows:

Chapter 355 of the acts of 1892 is hereby amended by
striking out section 20 and inserting in place thereof the
following : — Section 20. No member of the city council
shall, during the term for which he is elected, hold any other
office or position created during said term, the salary or
compensation for which is payable from the city treasury
unless he resigns as such member, nor shall he act as counsel
or attorney before the city council or before either branch or
any committee thereof. Approved May 5, 1949.

An Act authorizing ambulances to display a red light C}iav.2Q0

IN THE direction IN WHICH THE AMBULANCE IS PROCEEDING
OR FACING.

Be it enacted, etc., as follows:

Section 7 of chapter 90 of the General Laws, as amended, Edo'9o.*§ 7,
is hereby further amended by striking out the ninth sentence etc., 'ameadeij.
and inserting in place thereof the following sentence : —
No motor vehicle so operated, except fire apparatus and ^spiiyldby^^
ambulances, shall display a red light in the direction toward certain vehicles
which the vehicle is proceeding or facing. ""^"

Approved May 5, 1949.

An Act establishing the salaries of the clerks and (J}iQ/r)^2^\

ASSISTANT clerks OF THE MUNICIPAL COURT OF THE CITY
OF BOSTON.

Be it enacted, etc., as follows:

Chapter 218 of the General Laws is hereby amended by g- L.^CTer.
striking out section 75A, as amended by section 2 of chapter j'tsa, etc..
609 of the acts of 1946, and inserting in place thereof the ^"'ended.
following section : — Section 75 A . The salary of the clerk salaries of
of the municipal court of the city of Boston for civil business o/^ston"
and the salary of the clerk of said court for criminal business ^"^"'p^
and the assistant clerks of said court for civil and criminal
business shall be as follows: — Clerks, seventy per cent of
the salary of the chief justice of said court; first assistant
clerks, fifty-one per cent of the salary of the chief justice
of said court; other assistant clerks, forty-five per cent of
the salary of said chief justice of said court.

Approved May 5, 1949.

184 Acts, 1949. — Chap. 262.

Chap. 262 -^n Act providing fob the construction of a limited

ACCESS WAY ALONG THE SOUTHERLY SIDE OF THE CHARLES
RIVER FROM NASHUA STREET NEAR THE LEVERETT STREET
CIRCLE TO SOLDIERS FIELD ROAD IN BOSTON INCLUDING
THE CONSTRUCTION OF TRAFFIC INTERCHANGES AT CHARLES-
GATE EAST AND WEST AND CHARLES AND CAMBRIDGE
STREETS AND AN UNDERPASS AT LEVERETT AND NASHUA
STREETS, BOSTON.

Be it enacted, etc., as folloivs:

Section 1. The metropolitan district commission, here-
inafter called the commission, is hereby authorized and
directed to lay out and construct a limited access way for
the purpose of and in accordance with the provisions of
chapter ninety-two of the General Laws along the Charles
river from Nashua street near the Leverett street circle to a
point on Soldiers Field road near the Boston University
bridge. That portion of such way lying between Soldiers
Field road and Embankment road shall be known as the
James J. Storrow JNtemorial Drive.

Section 2. The construction shall include a traflQc
interchange in the vicinity of the circle at Charles and
Cambridge streets and modifications in the Longfellow bridge
and its approaches to extend from a point on Cambridge
street to a point on Main street in the citj'' of Cambridge.

Section 3. The construction shall include an underpass
from Charles street to Nashua street, under the circle at
the Boston end of the Charles River dam.

Section 4. The commission is authorized to relocate
and/or reconstruct the Boston Marginal Conduit where it
interferes with the construction authorized by this act.

Section 5. Existing buildings, memorials and other
structures that interfere with the construction authorized
by this act shall be relocated or rebuilt at suitable locations
on the Esplanade.

Section 6. For the purposes of this act, the commis-
sion may take in the name of the commonwealth, in fee or
otherwise, under chapter seventy-nine of the General Laws,
or may acquire by purchase, gift or otherwise, such public
or private lands including parks lands in the cities of Boston
and Cambridge as may be necessary and shall take in fee
from the city of Boston that area of land bounded by Long-
fellow bridge, the Charles river, Leverett street and Charles
street known as the Charlesbank park and playground.

Section 7. Where the construction authorized by this
act results in the reduction of areas now used for recreational
purposes, additional land of substantial^ equivalent area
shall be made by filling in the river. A swimming pool shall
be constructed on the Charlesbank and after construction
the Charlesbank shall be maintained as a park and play-
ground by the metropolitan district commission.

Section 8. For any lands or buildings purchased under
the provisions of this act the commission shall not pay more

Acts, 1949. — Chap. 263. 185

than the average assessed value of the last five years, plus
twenty-five per cent.

Section 9. The roadway shall consist of two lanes,
each twenty-four feet in width, separated by a suitable
dividing strip. From a point two hundred feet west of
Clarendon street to a point opposite the end of Hereford
street and from a point opposite the end of Raleigh street
to a point at or near the Boston University bridge, the road-
way shall be depressed to a grade not greater than one and
one half feet above the present grade of the Charles river.

Section 10. Suitable pedestrian overpasses shall be
constructed at strategic locations to be determined by the
commission.

Section 11. In connection with the work above author-
ized the commission may do such work as it may deem neces-
sary or desirable, including fiUings, sea walls, beaches, slop-
ing banks, shore protection, loaming, planting, surface
drainage, walks, conduits, overflows, culverts and other work
appertaining thereto.

Section 12. Any person, injured or damaged in his
property by the exercise of any of the powers granted by
this act, shall be entitled to compensation therefor and may
recover his damages from the commonwealth under chapter
seventy-nine of the General Laws.

Section 13. For the purposes of this act, the commis-
sion may expend such sums as may hereafter be appro-
priated from the sums made available.

Approved May 5, 1949.

An Act relative to the annual observance of loyalty r*/,^^ ofiS

Whereas, The deferred operation of this act would tend Emergenoy
to defeat its purpose, which is to make possible forthwith a '"^^'*"'
proclamation by His Excellency the Governor setting apart
May first as Loyalty Day, therefore it is hereby declared
to be an emergency law, necessary for the immediate preser-
vation of the pubhc convenience.

Be it enacted, etc., as follows:

Chapter 6 of the General Laws is hereby amended by <; i, crer.
inserting after section 12N, inserted by chapter 75 of the ^'j^o!'' "'"''
acts of 1949, the following section: — Section. 120. The added',
governor shall annually issue a proclamation setting apart '''»»"^>' '^^*>-
May first as Loyalty Day and recommending that it be
observed by the people with appropriate exercises in the
schools and otherwise, in recognition of the manifold blessings
of freedom and hberty secured to the people of the United
States by their constitutional form of government and
preserved and maintained by the unselfish service and
sacrifice of her people, to the end that we, mindful of the
priceless heritage that has been handed down to us, may
be ever vigilant against subversive movements calculated

186

Acts, 1949. — Chaps. 264, 265, 266.

to undermine our American form of government, and may
embrace this occasion to strengthen our sentiments of
faith and loyalty to our country. Approved May 9, 1949.

Chap. 26^ An Act naming the traffic overpass at the junction

OF THE REVERE BEACH PARKWAY AND BROADWAY IN THE
CITY OF REVERE THE ANDREW A. CASASSA OVERPASS.

Be it enacted, etc., as follows:

The traffic overpass at the junction of the Revere Beach
Parkway and Broadway in the city of Revere is hereby
named and shall hereafter be called the Andrew A. Casassa
overpass. Approved May 9, 1949.

Chap. 265 An Act relative to the due date of local taxes on

PERSONAL PROPERTY.

G. L. (Ter.
Ed.). 59, § 57.
etc., amended.

Due date of
local taxes
on personal
property.

Application.

Be it enacted, etc., as follows:

Section 1. Section 57 of chapter 59 of the General Laws,
as most recently amended by section 1 of chapter 522 of the
acts of 1947, is hereby further amended by striking out the
first sentence and inserting in place thereof the following: —
Except as otherwise provided, bills for real estate and personal
property taxes shall be sent out not later than June fourteenth
of each year, and shall be due and payable on July first of
each year in every city, town and district in which the same
are assessed.

Section 2. This act shall apply only to taxes assessed
in the year nineteen hundred and fifty and thereafter.

Approved May 9, 1949.

Chap. 266 An Act relative to the display of red lights upon
vehicles owned and operated by firemen, call
firemen and forest wardens.

Be it enacted, etc., as follows:

Chapter 90 of the General Laws is hereby amended by
inserting after section 7D, inserted by section 2 of chapter 216
of the acts of 1947, the following section : — Section 7E.
The provisions of section seven notwithstanding, a vehicle
owned and operated by a fire ward, forest warden, deputy
forest warden, member of a fire department of any town,
but not a city or call member of a fire department may have
mounted thereon a red light which may be displayed in
the direction toward which the vehicle is proceeding or fac-
ing only when such owner and operator is proceeding to a
fire or in response to an alarm and when the official duty of
such owner and operator requires him to proceed to said
fire or to respond to said alarm, and at no other time.

No such red light shall be mounted or displayed on such
vehicle until a written permit therefor, in form approved by
the registrar, has been issued and delivered to the owner

G. L. (Ter.
Ed.), 90, new
5 7E. added.

Vehicles of
certain per-
sona may
display red
light only
under certain
conditions.

Permit, issue
and revocation
thereof.

Acts, 1949. — Chap. 267. 187

and operator by the chief of the fire department or the board
of fire engineers of the municipality, or by the chief or chief
engineer of the fire district, respectively, wherein the owner
and operator resides and has his primary official duties as
fire ward, forest warden, deputy forest warden, member or
call member of a fire department. Any person operating a
vehicle upon which a red light herein authorized is mounted
shall have the permit for said light upon his person or in the
vehicle in some easily accessible place. Such permit shall
be revoked by the issuing authority upon written request
of the registrar, or when the holder thereof terminates the
duties which warranted the issuance of the permit, or for
unauthorized use of such light, and a permit shall not be
reissued to the same owner without the written consent of
the registrar. Upon revocation of his permit, the owner and
operator shall forthwith deliver it to the issuing authority
and remove the red light herein authorized from his vehicle.
The person or board issuing such permits shall forthwith
give notice to the head of the police department of the
municipality and to the registrar of the name, place of
residence and address of each person to whom such permit
is issued and the name of the maker, the engine number and
the registration number of each vehicle upon which the red
light is to be displayed, and said person or board shall
certify under penalties of perjury that each person to whom
a permit has been issued is a duly authorized fire ward,
forest harden, deputy forest warden, member, or call mem-
ber of a fire department. Like written notice shall be given
immediately by the issuing authority of each permit revoked
and of the receipt thereof. Annually, on or before July first,
said person or board shall deliver to said head of the police
department and to the registrar a list of all permits out-
standing and unrevoked containing the information and
certification hereinbefore required. Nothing in this section
shall authorize any owner or operator to disregard or violate
any statute, ordinance, by-law, rule or regulation regarding
motor vehicles or their use on ways of the commonwealth.

Approved May 9, 19^9.

An Act providing for the establishment of special Qjidj) 267

GUARANTY FUNDS IN THE INCORPORATION OF CO-OPERA-
TIVE BANKS.

Be it enacted, etc., as follows:

Section 3 of chapter 170 of the General Laws, as appearing g. l. (Ter.
in chapter 144 of the acts of 1933, is hereby amended by ^ttl'ameAded.
adding at the end the following sentences: — Said board may special
require the subscribers to establish, or provide for the es- ma^y'b'e^ ^""'^
tablishment of, a special guaranty fund, in such amount as th'^^ng^r^'ora
the board may determine, and in such event shall issue regu- tion of eo-
lations governing the maintenance and withdrawal of said baX^.'^^
fund, which shall be paid in, in full, to the corporation before
it commences business. Notice that such a special guaranty

188

Acts, 1949. — Chaps. 268, 269.

fund will be maintained, and of the amount thereof, shall
be included in the publication required by this section.

Approved May 9, 1949.

Chap. 2Q8 An Act relative to the reports to the commissioner

OF BANKS OF MORRIS PLAN AND BANKING COMPANIES.

G. L. (Ter.
Ed.). 172A, M,
etc., amended.

Morris plan
and banking
companies to
report to the
commissioner
of banks.

G r-. (Ter,
lid.), 172A,
5 10, etc.,
amended.

Treasurer to
make certain
reports to tlie
commissioner
weekly.

Be it enacted, etc., as follows:

Section 1. Section 4 of chapter 172A of the General
Laws, as amended by section 6 of chapter 266 of the acts of
1938, is hereby further amended by striking out, in line 10,
the words " and liabilities as the commissioner shall prescribe.
It" and inserting in place thereof the words: — , liabilities
and earnings and operations as the commissioner shall pre-
scribe. So much thereof as the commissioner may require,
— so as to read as follows: — Section 4- Such corporation
shall at such times as the commissioner orders, but not ex-
ceeding five times within a calendar year, and within ten
days after a daj'' designated in the order, make return to the
commissioner, signed and sworn to by its president and
treasurer and not less than three of its board of directors,
showing accurately the condition of such corporation at the
close of business on the day designated. Said return shall
be in such form and shall specify such items of the corpora-
tion's assets, liabihties and earnings and operations as the
commissioner shall prescribe. So much thereof as the com-
missioner may require shall be published at such times and
in such manner as the commissioner shall direct by and at
the expense of such corporation in a newspaper published
in or nearest to the city or town where such corporation is
located.

Section 2. Section 10 of said chapter 172A, as amended
by section 3 of chapter 115 of the acts of 1946, is hereby
further amended by adding at the end the following two
sentences: — The treasurer of every such corporation, or
other officer or employee thereof charged with the duties
and functions usually performed by the treasurer, shall
report in writing to the commissioner once in each week a
statement of its reserve for each business day of the preced-
ing week. Any such officer or employee who neglects or fails
to make such report as above provided shall be punished
by a fine of not more than five hundred dollars or bj^ im-
prisonment for not more than six months, or both.

Approved May 9, 1940.

('hap.2QQ An Act further deferring the exercise by co-opera-
tive BANKS OF THE PRIVILEGE OF CONVERTING INTO
certain FEDERAL AGENCIES.

Be it enacted, etc., as follows:

Section 2 of chapter 235 of the acts of 1943, as most
recently amended by chapter 45 of the acts of 1948, is
hereby further amended by striking out, in line 3, the word

Acts, 1949. — Chaps. 270, 271. 189

"six" and inserting in place thereof the word: — seven, —
so as to read as follows: — Section 2. The privilege of
conversion permitted by said section fifty A shall not be
exercised by any co-operative bank during the period of
seven years immediately following September first, nineteen
hundred and forty-three. Approved May 9, 1949.

An Act relative to changes in the location of the nhn^ 270

PRINCIPAL banking HOUSES OF SAVINGS BANKS. ^

Be it enacted, etc., as follows:

Section 25 of chapter 168 of the General Laws, as amended g.l. (Ter _
by section 8 of chapter 334 of the acts of 1933, is hereby etc! , 'amended'^'
further amended by inserting after the word "established"
in lines 6 and 7 the words: — , and which shall not be moved
without the consent of the commissioner, — so as to read as
follows: — Section 25. Such corporation shall carry on its savings banks
usual business at its banking house only, and a deposit Cl-andt^offices
shall not be received or payment on account of deposits be j^^thm certain
made by the corporation or by a person on its behalf in
any other place than at its banking house, which shall be
in the town where the corporation is established, and which
shall not be moved without the consent of the commissioner ;
except that the corporation may, with the written permis-
sion of and under regulations approved by the commissioner,
maintain and establish one or more branch offices or depots
in the town where its banking house is located, or in towns
not more than fifteen miles distant therefrom where there is
no savings bank at the time when such permission is given.

Approved May 9, 1949.

An Act to authorize the city of qutncy to borrow QJkij) 271
money for the purpose of constructing a public
parking place, including drainage and installation
of lighting facilities, and authorizing the installa-
tion of parking meters on such parking place.

Be it enacted, etc., as follows:

Section 1. For the purpose of constructing a public
parking space on land acquired by the city of Quincy for
such purpose, said city may borrow, from time to time, within
a period of five years from the passage of this act, such sums
as may be necessary, not exceeding in the aggregate one
hundred and fifty thousand dollars, and may issue bonds
or notes therefor which shall bear on their face, the words,
City of Quincy, Public Parking Loan, Acts of 1949. Each
authorized issue shall constitute a separate loan and such
loans shall be paid in not more than ten years from their
dates. Indebtedness incurred under authority of this act
shall be within the statutory limit and, except as provided
herein, shall be subject to applicable provisions of chapter
forty-four of the General Laws, including the limitation
contained in the first paragraph of section seven thereof.

190 Acts, 1949. — Chaps. 272, 273, 274.

Section 2. Said city may install parking meters on said
parking space, and may acquire said meters in the manner
provided by section twenty-two A of chapter forty of the
General Laws.

Section 3. This act shall take effect upon its passage.

Approved May 10, 1949.

Chap. 272 An Act to authorize the town of townsend to bor-
row MONEY FOR THE PURPOSE OF CONSTRUCTING AN
addition to a SCHOOL BUILDING AND FOR THE EQUIP-
PING AND FURNISHING OF SAID ADDITION.

Be it enacted, etc., as follows:

Section 1. For the purpose of constructing an ad-
dition to a school building and originally equipping and
furnishing said addition, the town of Townsend may borrow,
from time to time, within a period of five years from the
passage of this act, such sums as may be necessary, not ex-
ceeding, in the aggregate, one hundred thousand dollars, and
may issue bonds or notes therefor, which shall bear on their
face the words, Townsend School Addition Loan, Act of
1949. Each authorized issue shall constitute a separate
loan, and such loans shall be paid in not more than twenty
years from their dates. Indebtedness incurred under this
act shall be in excess of the statutory limit, but shall, except
as provided herein, be subject to chapter forty-four of the
General Laws, exclusive of the limitation containedjin the
first paragraph of section seven thereof.

Section 2. This act shall take effect upon its passage.

Approved May 10, 1949.

Chap. 27S An Act extending the territorial jurisdiction of

THE municipal COURT OF THE DORCHESTER DISTRICT.

Be it enacted, etc., as follows:

^j^.^Ter ^ Section 1. Section 1 of chapter 218 of the General Laws
amended." ' is hereby amended by striking out the paragraph contained

in lines 158 to 160, as appearing in the Tercentenary Edition,

and inserting in place thereof the following paragraph : —
•^ri8di^tk)n '^^^ municipal court of the Dorchester district, held at

of Dorchester Dorchcstcr in Boston; ward twenty-four of Boston as it
mMicipai existed on Febmary first, eighteen hundred and eighty-two,
extended. and the territory comprised within the limits of precinct

twelve of ward thirteen of Boston as it existed on November

second, nineteen hundred and forty-eight.

Section 2. This act shall take effect upon its passage.

Approved May 10, 1949.

Chap. 27 4: An Act authorizing the town of west springfield

TO BORROW money FOR SCHOOL PURPOSES.

Be it enacted, etc., as follows:

Section 1. For the purposes of acquiring land for and
constructing a high school building and of originally equip-

Acts, 1949. — Chaps. 275, 276. 191

ping and furnishing the same, the town of West Springfield
may borrow, from time to time, within a period of five years
from the passage of this act, such sums as may be necessary,
not exceeding, in the aggregate, one milHon dollars, and may
issue bonds or notes therefor, which shall bear on their face
the words. West Springfield High School Loan, Act of 1949.
Each authorized issue shall constitute a separate loan, and
such loans shall be paid in not more than twenty years
from their dates. Indebtedness incurred under this act shall
be in excess of the statutory limit, but shall, except as herein
provided, be subject to chapter forty-four of the General
Laws, including the limitation contained in the first para-
graph of section seven thereof.

Section 2. This act shall take effect upon its passage.

Approved May 10, 1949.

An Act relative to the members of the board of license rihr,^ 275

COMMISSIONERS IN THE CITY OF QUINCY. ^'

Be it enacted, etc., as follows:

Section 1. The board of license commissioners in the
city of Quincy shall, on and after the effective date of this
act, be composed of the chief of the fire department, the
chief of the police department, the city clerk, the building
inspector and the health commissioner.

Section 2. This act shall take effect upon its passage.

Approved May 10, 1949.

Chap.27Q

An Act requiring employers to file all relevant

MEDICAL information WITH THE INDUSTRIAL ACCIDENT
BOARD.

Be it enacted, etc., as follows:

Chapter 152 of the General Laws is hereby amended by g. l. (Ter.
striking out section 20, as most recently amended by chapter ^tci! 'amended!''
390 of the acts of 1946, and inserting in place thereof the
following section : — Section 20. Copies of hospital records Employers to
kept in accordance with section seventy of chapter one ^ec5oar'^^*°*
hundred and eleven, certified by the persons in custody information
thereof to be true and complete, shall be admissible in
evidence in proceedings before the department or any mem-
ber thereof. The department or any member, before admit-
ting any such copy in evidence, may require the party
offering the same to produce the original record. All medical
records and reports of hospitals, clinics and physicians of the
insurer, em.ployer, or of the employee shall be filed with and
open to the inspection of the department so far as relevant
to any matter before it. Such reports shall be open to the
inspection of any party. Approved May 10, 1949.

192

Acts, 1949. — Chaps. 277, 278, 279.

Chap. 277 A.^ Act extending the time for application by dis-
abled VETERANS FOR ABATEMENT OR EXEMPTION OF
TAXES ASSESSED IN NINETEEN HUNDRED AND FORTY-
EIGHT.

Be it enacted, etc., as follows:

Notwithstanding the provisions of section fifty-nine of
chapter fifty-nine, and section three A of chapter sixty,
of the General Laws, any disabled veteran of any war in
which the United States was engaged may make an appli-
cation for abatement or exemption of taxes assessed to him
for the year nineteen hundred and forty-eight at any time
prior to October first, nineteen hundred and forty-nine, for
such abatement or exemption. Approved May 10, 1949.

Chap. 27 S An Act relative to the payment of interest on certain

LOCAL TAXES.

G. L. (Ter.
Ed.), 59. § 57.
etc., amended.

Payment of
interest on
certain local
taxes, etc.,
may be
waived.

Application.

Be it enacted, etc., as follows:

Section 1. Section 57 of chapter 59 of the General Laws,
as most recently amended by section 1 of chapter 265 of the
acts of 1949, is hereby further amended by adding at the
end thereof the following sentence : — Interest which pur-
suant to this section shall have been added to and become a
part of any tax other than a tax reassessed under section
seventy-seven shall be waived by the collector if the amount
of such tax, exclusive of such interest, is tendered to him
within thirty days after the bill for such tax is first sent.

Section 2. This act shall apply only to taxes assessed
in the year nineteen hundred and forty-nine and thereafter.

Approved May 10, 1949.

Chap. 279 An Act providing for the protection of blind persons

while crossing ways.

G. L. (Ter.
Ed.). 90, new
§ 14A, added.
Motor vehicles
to come to full
stop while
blind persons
cross a way.

Be it enacted, etc., as follows:

Chapter 90 of the General Laws is hereby amended by
inserting after section 14 the following section: — Section
I4A. Whenever a totally or partially blind pedestrian,
guided by a guide dog or carrying in a raised or extended
position a cane or walking stick which is white in color or
white tipped with red, crosses or attempts to cross a way,
the driver of every vehicle approaching the place where such
pedestrian is crossing or attempting to cross shall bring his
vehicle to a full stop, and before proceeding shall take such
precautions as may be necessary to avoid injuring such
pedestrian. Nothing contained in this section shall be con-
strued to deprive any totally or partially blind person, not
carrying such a cane or walking stick or not being guided
by a dog, of the rights and privileges conferred by law upon
pedestrians crossing ways, nor shall the failure of such blind

Acts, 1949. — Chaps. 280, 281. 193

person to carry a cane or walking stick or to be guided by a
guide dog while on the ways of this commonwealth be held
to constitute or be evidence of contributory negligence.
Whoever violates any provision of this section shall be
punished by a fine of not more than twenty-five dollars.

Approved May 10, 1949.

An Act relative to the service of orders for abate-
ment OF NUISANCES.

Chap.2S0

Be it enacted, etc., as follows:

Section 124 of chapter 111 of the General Laws, aso. l. (Tcr.
appearing in the Tercentenary Edition, is hereby amended 5^124/^^'
by striking out the first sentence and inserting in place amended,
thereof the following sentence: — Such order shall be in
writing, and may be served personally on the owner, occu-
pant or his authorized agent by any person authorized to
serve civil process ; or a copy of the order may be left at the
last and usual place of abode of the owner, occupant or
agent, if he is known and within or without the common-
wealth; or a copy of the order may be sent to the owner,
occupant or agent by registered mail, return receipt
requested, if he is known and within the commonwealth, —
so as to read as follows: — Section 124- Such order shall be service of
in writing, and may be served personally on the owner, °bltement
occupant or his authorized agent by any person authorized of nuisances.
to serve civil process; or a copy of the order may be left at
the last and usual place of abode of the owner, occupant or
agent, if he is known and within or without the common-
wealth; or a copy of the order may be sent to the owner,
occupant or agent by registered mail, return receipt requested,
if he is known and within the commonwealth. If the premises
are unoccupied and the residence of the owner or agent is
unknown or is without the commonwealth, the board may
order the notice to be served by posting it on the premises
and by advertising it in one or more newspapers.

Approved May 10, 1949.

An Act relative to the age of children conclusively (Jfi^r) 281
presumed to be dependent upon a deceased employee,

UNDER the provisions OF THE WORKMEN'S COMPENSATION
LAW.

Be it enacted, etc., as follows:

Paragraph (d) of section 32 of chapter 152 of the General EdtiM'§32
Laws, as amended by chapter 450 of the acts of 1947, is etc!, 'amended.'
hereby further amended by striking out, in line 1, the word
"sixteen " and insertmg in place thereof the word: — eighteen.

Approved May 10, 1949.

194 Acts, 1949. — Chaps. 282, 283.

Chap. 282 An Act relative to the hunting of deer.

Be it enacted, etc., as follows:

Ed.^, iJiT' Chapter 131 of the General Laws is hereby amended by

Imended" Striking out sectlon 79, as appearing in section 2 of chapter
599 of the acts of 1941, and inserting in place thereof the fol-
?e^?*re|u/ated. lowing scction : — Section 79. Whoever, except as provided
in this chapter, hunts or has in possession the carcass of a
deer shall be punished by a jQne of one hundred dollars ; pro-
vided, that any person may, on land owned or occupied by
him, hunt any deer which he finds in the act of damaging
crops, fruit or ornamental trees, except grass growing on
uncultivated land; and he may authorize any member of
his family, or any person, other than an alien, employed by
him, so to hunt a deer under the circumstances above
specified. In the event of the wounding or killing of a deer
as aforesaid, the person by whom or under whose direction
the deer was wounded or killed shall within twenty-four
hours thereafter send to the director a written report, signed
by him, of the facts relative to the said wounding or killing,
including the time and place thereof, and the kind of tree or
crop injured or destroyed, or about to be injured or destroy-
ed, by the deer. All deer so killed shall be turned over
immediately to the nearest conservation officer and shall
be disposed of by the director. Approved May 10, 1949.

Chap. 28S An Act to authorize the town of lunenburg to borrow
money for the purpose of constructing, equipping

AND furnishing A SCHOOL BUILDING.

Be it enacted, etc., as follows:

Section 1. For the purpose of constructing and originally
equipping and furnishing a new school building, the town of
Lunenburg may borrow, from time to time, within a period
of five years from the passage of this act, such sums as may
be necessary, not exceeding, in the aggregate, two hundred
and fifty thousand dollars, and may issue bonds or notes
therefor, which shall bear on their face the words, Lunen-
burg School Building Loan, Act of 1949. Each authorized
issue shall constitute a separate loan, and such loans shall
be paid in not more than twenty years from their dates.
Indebtedness incurred under this act shall be in excess of the
statutory limit, but shall, except as provided herein, be sub-
ject to chapter forty-four of the General Laws, exclusive of
the limitation contained in the first paragraph of section
seven thereof.

Section 2. This act shall take effect upon its passage.

Approved May 12, 1949.

Acts, 1949. — Chap. 284. 196

An Act to make available a site for the construction C hap. 2S4i

OF A library building FOR LOWELL TEXTILE INSTITUTE
AND TO PROVIDE FOR THE ACCEPTANCE THEREOF AS A GIFT
TO THE COMMONWEALTH FROM LOWELL TEXTILE INSTITUTE
ALUMNI ASSOCIATION.

Be it enacted, etc., as follows:

Section 1. Lowell Textile Institute Building Associa-
tion, a corporation formed by section one of chapter four
hundred and twenty-eight of the acts of nineteen hundred
and forty-six, amended by chapter four hundred and thirty-
nine of the acts of nineteen hundred and forty-seven, lessee
under two leases from the commonwealth made as of March
first, nineteen hundred and forty-seven and October first,
nineteen hundred and forty-seven, respectively, covering land
in the area bounded by Textile avenue, Colonial avenue,
Standish street and Riverside street in the city of Lowell, is
hereby authorized to release to the trustees of Lowell Textile
Institute, acting for the commonwealth, its interest under
said leases in such portion of the land covered thereby as it
shall determine to be a suitable site for a new library build-
ing at Lowell Textile Institute, with rights of approach
thereto and easements for pipes, wires and conduits over or
through the remaining land not so released; provided, how-
ever, that nothing in this act shall authorize any change in
the respective rights and obligations of the commonwealth
and said Lowell Textile Institute Building Association under
two certain leases of dormitory buildings from said corpora-
tion as lessor to the commonwealth as lessee, namely, a
building lease made as of March first, nineteen hundred and
forty-seven, and a second building lease made as of October
first, nineteen hundred and forty-seven.

Section 2. After the release provided for in section one
of this act shall have been delivered to the trustees of Lowell
Textile Institute, such trustees, acting for the commonwealth,
are authorized to lease to Lowell Textile Institute Alumni
Association, a Massachusetts corporation, the land, rights of
approach and easements released thereby. Such lease to said
Alumni Association shaU provide that the land leased there-
under shall be used by said Alumni Association solely as the
site for the construction of a library building to be given by
said Alumni Association to the commonwealth for the use
of Lowell Textile Institute, that the rent payable to the
commonwealth thereunder shall be one dollar per annum,
and that such lease shall terminate when the library building
shall be completed and donated to the commonwealth.

Section 3. The trustees of Lowell Textile Institute, act-
ing for the commonwealth, are authorized to accept the said
library building as a gift from Lowell Textile Institute Alumni
Association, and to maintain said library building for the use
of Lowell Textile Institute.

Section 4. This act shall take effect upon its passage.

Approved May 12, 1949.

196 Acts, 1949. — Chaps. 285, 286.

Chap. 285 An Act authorizing the town of west bridgewater to

BORROW MONEY FOR THE PURPOSE OP CONSTRUCTING,
equipping AND FURNISHING A SCHOOL BUILDING.

Be it enacted, etc., as follows:

Section 1. For the purpose of constructing and origi-
nally equipping and furnishing a school building, the town
of West Bridgewater may borrow from time to time, within
a period of five years from the effective date of this act,
such sums of money as may be necessary, not exceeding, in
the aggregate six hundred thousand dollars, and may issue
bonds or notes therefor, which shall bear on their face the
words. West Bridgewater School Loan, Acts of 1949. Each
authorized issue shall constitute a separate loan, and such
loans shall be paid in not more than twenty years from
their dates. Indebtedness incurred under this act shall be
in excess of the statutory limit, but shall, except as provided
herein, be subject to chapter forty-four of the General Laws,
exclusive of the limitation contained in the first paragraph
of section seven thereof.

Section 2. This act shall take effect upon its passage.

Approved May 12, 1949.

Chap. 286 An Act relative to the payment of semi-annual divi-
dends in credit unions.

Be it enacted, etc., as follows:

vj^"!?!®^ ,fi Section 1. Section 16 of chapter 171 of the General

tiCi.), 171, S Id. t ••im TIT ••11

amended.jj Laws, as appcanug m the lercentenary Edition, is hereby

amended by inserting after the word ''annum" in hne 10,

the words : — ; may, if it is provided in the by-laws that a

dividend shall be paid semi-annually, at their meeting in

the month of May in each year declare a dividend as pro-

. . „, vided in section twenty-five, — so that the second sentence

Credit unions will read as follows: — It shall act upon all applications for

by%w8 pay membership and upon the expulsion of members; determine

dividends i\^Q ysHq of interest on loans subiect to the limitations con-

semi-annually. . , . , . , i n ? • i n t ,• <•

tamed in this chapter; shall decide on all applications for

real estate mortgage loans after receipt of the certification

by the credit committee of the application in the manner

hereinafter provided; shall determine the rate of interest to

be paid on deposits which shall not, however, exceed six

per cent per annum; may, if it is provided in the by-laws

that a dividend shall be paid semi-annually, at their meeting

in the month of May in each year declare a dividend as

provided in section twenty-five, and shall fill vacancies in

the board of directors and committees until the next annual

election.

Ed^" m% 25 Section 2. Section 25 of said chapter 171, as so appear-

amended.' ' ing, is hereby amended by striking out the first paragraph

Declaration and inserting in place thereof the following: — At the annual

?i^t1S!'*'' meeting a dividend may be declared from the earnings which

ACTS; 1949. — Chaps. 287; 288. 197

have actually been collected during the dividend period
next preceding and which remain after the deduction of all
expenses, interest on deposits and the amounts required to
be set apart to the guaranty fund and to the reserve fund,
or such dividend may be declared in whole or in part from
the undivided earnings of preceding years remaining after
the aforesaid deductions for said years.

Approved May 12, 1949.

Chap.287

An Act relative to shares and deposits in credit

UNIONS.

Be it enacted, etc., as follows:

Section 10 of chapter 171 of the General Laws is hereby g. l. (Ter.
amended by striking out the fourth sentence, as appearing ^tc.!'amended°'
in chapter 87 of the acts of 1947, and inserting in place
thereof the following sentence : — Every member of a credit f g^gf^* ^^
union shall hold one share, and may hold shares, or make credit unions,
deposits, therein, or both, in his own name to an amount '"^e"'**®'^-
not exceeding four thousand dollars in the aggregate, and,
provided he is a member of a credit union having assets of
two hundred thousand dollars or more and has no other
account, he may, jointly with another member, hold shares
or make deposits, or both, to an amount not exceeding eight
thousand dollars, exclusive of any club deposits.

Approved May 12, 1949.

An Act providing for the manner of appointment of Chap. 288
intermittent firemen to the regular fire force
in cities and towns.

Be it enacted, etc., as follows:

Chapter 31 of the General Laws is hereby amended by g. l. (Ter.
inserting after section 19A the following section: — 'Sec- j^'Jg^^f added.
tion 19B. In each city and town having firemen subject Appointment
to this chapter and classified as intermittent firemen, ap- fi[eme^n™o"*°^
pointments to the regular force shall be made by the appoint- p^'-tfea^amf
ing authority upon certification by the director from the towns.
list of members of the fire force of such city or town classified
in accordance with the rules of the commission, except that
the basis of certification shall be the order of appointment
as such intermittent firemen, or, if not ascertainable, the
order of the respective ratings of such intermittent firemen
obtained in the examination upon which the list of eligibles
for appointment as such firemen was based. No intermittent
fireman who has passed his fiftieth birthday shall be ap-
pointed under this section to the regular fire force of such
city or town. The provisions of this section shall not be
deemed to prevent the appointment to the regular force of a
city or town of a call fireman under the provisions of any
general or special law. Approved May 12, 1949.

198

Acts, 1949. — Chaps. 289, 290.

Chap.2S9

G. L. (Ter.
Ed.), 167, i 14,
etc., amended.

Deposita in,
and with-
drawals from
scoovmts in
trust
companies.

G. L. (Ter.
Ed.). 172, §31
etc., amended.

Unclaimed
deposits in
trust oom-
paniea,
regulated.

G. L. (Ter.
Ed.), 172, new
i 66B, added.
Trust com-
panies may
pay certain
orders after
death of
drawer.

An Act relative to deposits in and withdrawals from
accounts in trust companies.

Be it enacted, etc., as follows:

Section 1. Chapter 167 of the General Laws is hereby
amended by striking out section 14, as amended by sec-
tion 1 of chapter 334 of the acts of 1933, and inserting in
place thereof the following section: — Section 14- Deposits
may be received by any bank in the names of two persons,
payable to either, or to either or the survivor. Such deposits
or any part thereof, or any dividends thereon, may be paid
to either of such persons or his assignee or pledgee, whether
the other be living or not, provided they are not then at-
tached at law or in equity in a suit against either person,
and the bank then has no notice in writing of any assignment
or pledge of the account by either to any person other than
the person to whom payment is being made hereunder.
All such payments shall be valid.

Section 2, The last sentence of section 31 of chapter 172
of the General Laws, as amended by chapter 124 of the acts
of 1939, is hereby further amended by inserting after the
word "thirty-four" in lines 1 and 2 the words: — and section
thirty-four A, — so as to read as follows : — The provisions of
section thirty-four and section thirty-four A of chapter one
hundred and sixty-eight relative to deposits in trust in
savings banks and of sections twenty-seven, forty-two and
forty-three of said chapter applicable to unclaimed deposits
in savings banks shall apply in all respects to similar deposits
in trust or unclaimed deposits in all departments of trust
companies.

Section 3. Said chapter 172 is hereby further amended
by inserting after section 66A the following section : —
Section 66B. Such corporation may pay an order, drawn
by a person who has funds on deposit to meet the same, not-
withstanding the death of the drawer, if presentation is
made within thirty days after the date of such order; and at
any time if the corporation has not received written notice
of the death of the drawer. Approved May 12, 1949.

Chav 290 -^ -^^"^ ^^ clarify the purpose of the employment
^' security law.

G. L. (Ter.
Ed), 151A,
§ 74, etc.,
amended.

Chapter may
be cited as the
Employment
Security Law.

Be it enacted, etc., as follows:

Chapter 151A of the General Laws is hereby amended
by striking out section 74, as appearing in section 1 of
chapter 685 of the acts of 1941, and inserting in place thereof
the following: — Section 74- This chapter shall be known
and may be cited as the Employment Security Law, and
shall be construed liberally in aid of its purpose, which
purpose is to lighten the burden which now falls on the
unemployed worker and his family.

Approved May 12, 1949.

Acts, 1949. — Chaps. 291, 292. 199

An Act relative to the duties of certain supervisors Qhn^ OQl
OF attendance in the city of boston. ^'

Be it enacted, etc., as follows:

Chapter 388 of the acts of 1946 is hereby amended by
striking out, in Hne 4, the word "also", — and by inserting
after the word "city" in hne 4 the words: — , and to act in
matters pertaining to the schoohng of wards of said city
wheresoever they are placed, — so as to read as follows: —
The school committee of the city of Boston shall designate
any male child-guidance social worker of the child welfare
division of the institutions department of said city to act as
a supervisor of attendance in said city, and to act in matters
pertaining to the schooling of wards of said city wheresoever
they are placed; provided, that the person so designated
shall have previously passed an open competitive civil
service examination for the position of such supervisor. Any
such person shall exercise and perform the powers and duties
conferred and imposed upon supervisors of attendance in
said city by general or special law, and shall receive such
compensation for acting as such supervisor as may be estab-
lished by said committee. Approved May 12, 1949.

An Act providing that the state racing commission (Jhn^ oqo

MAY SUMMON AND ADMINISTER OATHS TO WITNESSES
before said COMMISSION.

Be it enacted, etc., as follows:

Section 8 of chapter 233 of the General Laws, as most eh V* 233%
recently amended by section 3 of chapter 376 of the acts of etoVamended'.
1933, is hereby further amended by inserting after the word
"commission", in line 14, the words: — , the state racing
commission, — so as to read as follows: — Section 8. Wit- witnesses
nesses may be summoned to attend and testify and to produce offi^re* com-
books and papers at a hearing before a city council, or either missioM. etc.
branch thereof, or before a joint or special committee of the
same or of either branch thereof, or before a board of select-
men, a board of police commissioners, a fire commissioner or
a board of fire commissioners, a commissioner of public
safety, a school board, the alcoholic beverages control com-
mission established by section forty-three of chapter six, a
licensing board or licensing authorities, as defined in section
one of chapter one hundred and thirty-eight, a board of
registrars of voters, the police commissioner or election
commissioners of Boston, the metropolitan district com-
mission, the state racing commission, or a board of appeals
designated or appointed under section thirty of chapter
forty, as to matters within their authority; and such
witnesses shall be summoned in the same manner, be paid
the same fees and be subject to the same penalties for default,
as witnesses in civil cases before the courts. The presiding
officer of such council, or of either branch thereof, or a

200 Acts, 1949. — Chaps. 293, 294.

member of any such committee, board or commission, or
any such commissioner, may administer oaths to witnesses
who appear before such council, branch thereof, committee,
board, commission or commissioner, respectively.

Approved May 12, 1949.

Chap. 293 An AqT authorizing the city of boston to pension

LIEUTENANT JAMES F. FLAHIVE, A MEMBER OF THE FIRE
DEPARTMENT OF SAID CITY.

Be it enacted, etc., as follows:

Section 1. For the purpose of promoting the public
good, the city of Boston shall, because of the unusual injuries
sustained in line of duty by Lieutenant James F. Flahive at a
fire at seventy-two Chauncy street in said city on October
twenty-second, nineteen hundred and forty-six, which
caused a deterioration of the brain cells from carbon monoxide
poison and has brought him to a condition wherein he is
totally helpless and requiring the constant care of his wife,
pension said Lieutenant James F. Flahive at full pay and
maintain said pension at the current rate of compensation
paid to lieutenants in the fire department of said city.

Section 2. Upon his death there shall be paid to his wife
a pension equal to two thirds of the amount he was receiving
as full pay pension at the time of his death, the same to
continue as long as she remains unmarried.

Section 3. This act shall take effect upon its acceptance
by vote of the city council of said city, subject to the pro-
visions of its charter, but not otherwise.

Approved May 12, 191^9.

Chap. 294: An Act increasing the tax imposed by the common-
wealth ON AMOUNTS WAGERED AT HORSE AND DOG RACING
MEETINGS CONDUCTED UNDER THE PARI-MUTUEL OR
CERTIFICATE SYSTEM OF WAGERING.

pr^mbie?^ Wkcreas, This act increases the tax on the amounts

wagered at horse and dog racing meetings conducted under
the pari-mutuel or certificate system of wagering, including
those taking place in the near future, and the deferred
operation of this act would tend in part to defeat its purpose
by depriving the commonwealth of necessary revenue,
therefore it is hereby declared to be an emergency law, neces-
sary for the immediate preservation of the public conven-
ience.

Be it enacted, etc., as follows:

Ed^'iJsA Section L The third paragraph of section 5 of chapter

§ 5, etc.. ' 128A of the General Laws is hereby amended by striking
amended. ^^^ ^j^^ ^^^^ Sentence, as appearing in section 7 of chapter 575

of the acts of 1946, and inserting in place thereof the follow-
L^censee to jng : — Each pcrsou licensed to conduct a running horse
sum to racing meeting, other than a licensee holding a racing meet-

oomnuBsion.

Acts, 1949. — Chap. 294. 201

ing in connection with a state or county fair, shall pay to
the commission on the day following each day of such horse
racing meeting a sum equal to three and one half per cent
of so much of the total amount deposited on the preceding
day by the patrons so wagering at such meeting as does not
exceed seven hundred thousand dollars, four and three
quarters per cent of so much thereof as exceeds seven hun-
dred thousand dollars but does not exceed eight hundred
thousand dollars, five and one quarter per cent of so much
thereof as exceeds eight hundred thousand dollars but does
not exceed nine hundred thousand dollars and five and three
quarters per cent of so much thereof as exceeds nine hun-
dred thousand dollars, said percentages to be paid from the
ten per cent withheld, as provided in this section, from the
total amount wagered.

Section 2. Said section 5 of said chapter 128A is hereby q. l. (Ter.
further amended by striking out the paragraph added by H-^^t^^f^^-
section 6 of chapter 575 of the acts of 1946 and inserting in further"'
place thereof the following paragraph: — amended.

Each person licensed to conduct a harness horse racing Licensee of
meeting, other than a licensee holding a racing meeting in rackiTnlledng
connection with a state or county fair, shall pay to the com- to pay certain
mission on the day following each day of such harness horse coSmTasion.
racing meeting a sum equal to three and one half per cent
of so much of the total amount deposited on the preceding
day by the patrons so wagering at such meeting as does not
exceed four hundred thousand dollars, four and three quarters
per cent of so much thereof as exceeds four hundred thousand
dollars but does not exceed four hundred and fifty thousand
dollars, five and one quarter per cent of so much thereof as
exceeds four hundred and fifty thousand dollars but does
not exceed five hundred thousand dollars, five and three
quarters per cent of so much thereof as exceeds five hundred
thousand dollars but does not exceed five hundred and fifty
thousand dollars, six and one quarter per cent of so much
thereof as exceeds five hundred and fifty thousand dollars
but does not exceed six hundred thousand dollars, six and
three quarters per cent of so much thereof as exceeds six
hundred thousand dollars, but does not exceed six hundred
and fifty thousand dollars, and seven and one quarter per
cent of all over six hundred and fifty thousand dollars, said
percentages to be paid from the fifteen per cent withheld, as
provided in this section, from the total amount wagered.

Section 3. Said third paragraph of said section 5 of said ^^^- [Ji'-
chapter 128A is hereby further amended by striking out the § 5. etc.,
second sentence, as appearing in section 2 of chapter 381 landed.
of the acts of 1946, and inserting in place thereof the follow-
ing : — Each person licensed to conduct a dog racing meeting, Licensee of
other than a Hcensee holding a racing meeting in connection m^t^nglo
with a state or county fair, shall pay to the commission on pay certain
the day following each day of such dog racing meeting, a ooSmissioa.
sum equal to three and one haK per cent of so much of the
total amount deposited on the preceding day by patrons so

202 Acts, 1949. — Chap. 295.

wagering at such meeting as does not exceed seventy-five
thousand dollars, five per cent of so much thereof as exceeds
seventy-five thousand dollars but does not exceed one hun-
dred and ten thousand dollars, six per cent of so much thereof
as exceeds one hundred and ten thousand dollars but does
not exceed one hundred and forty thousand dollars, seven
per cent of so much thereof as exceeds one hundred and
forty thousand dollars but does not exceed two hundred and
fifty thousand dollars, eight and one quarter per cent of so
much thereof as exceeds two hundred and fifty thousand dol-
lars but does not exceed three hundred and seventy-five
thousand dollars, and eight and three quarters per cent of so
much thereof as exceeds three hundred and seventy-five
thousand dollars, said percentages to be paid from the
fifteen per cent withheld, as provided in this section, from
the total amount wagered.

Section 4. Chapter 220 of the acts of 1948 is hereby
amended by striking out, in line 7, the word "one" and insert-
ing in place thereof the word: — two, — and by striking out,
in lines 8 and 9, the words "nineteen hundred and forty-eight
and nineteen hundred and forty-nine" and inserting in
place thereof the words : — nineteen hundred and forty-nine
and nineteen hundred and fifty, — so as to read as follows: —
In addition to any amount required to be withheld under
the provisions of section five of chapter one hundred and
twenty-eight A of the General Laws by a licensee conducting
a horse or dog racing meeting, such licensee, other than a
licensee holding a horse or dog racing meeting in connection
with a state or county fair, shall withhold an amount equal
to two per cent of the total amount wagered on each day of
such meeting conducted during the years nineteen hundred
and forty-nine and nineteen hundred and fifty and shall pay
the same to the commission on the day following.

Approved May 13, 194.9.

Chap. 295 An Act providing financial assistance for the polish-

AMERICAN VETERANS, INC. IN DEFRAYING EXPENSES IN-
CURRED BY IT IN CONDUCTING MILITARY FUNERALS OR
BURIALS OF PERSONS WHO DIED IN OVERSEAS SERVICE
DURING WORLD WAR II.

Be it enacted, etc., as follows:

Section 1 of chapter 573 of the acts of 1946, as amended
by chapter 624 of the acts of 1947, is hereby further amended
by inserting after the word "Laws" in line 4 the words:
— , and the PoHsh-American Veterans, Inc.,.

Approved May 13, 1949.

4cTS, 1949. — Chaps. 296, 297. 203

An Act requiking the city of westfield to repay to QJi^rt 296

CERTAIN permanent MEMBERS OF ITS FIRE DEPARTMENT ^'

THE CONTRIBUTIONS MADE BY THEM TO THE CONTRIBUTORY
RETIREMENT SYSTEM OF SAID CITY, AND ESTABLISHING
THE RETIREMENT RIGHTS OF SUCH MEMBERS.

Be it enacted, etc., as follows:

Section 1. The retirement board of the city of Westfield
is hereby authorized and directed to repay to George W.
Onofrey, Arthur L. Clark, Edward B. Eagan, John Halloran,
John F. Clark, Charles F. Janis and Stanley Yefko, all
permanent firemen of said city, all deductions withheld
from their wages as such firemen on account of the member-
ship of each of the aforesaid firemen in the contributory
retirement system, together with accumulated interest
thereon, and the names of said firemen shall be stricken
from the rolls of the retirement board of said city as mem-
bers of said retirement system. Each of the aforesaid
firemen shall be entitled to the benefits of pension or retire-
ment allowances provided for under sections eighty to
ninety A, inclusive, of chapter thirty-two of the General
Laws.

Section 2. Nothing in this act shall affect any retire-
ment rights which any fireman mentioned in section one
may have under the law relating to the retirement of veterans
in the public service.

Section 3. This act shall take effect upon its passage.

Approved May IS, 1949.

Chap.297

An Act further regulating fees to be charged by
city and town clerks.

Whereas, The deferred operation of this act would tend Emergency
to defeat its purpose, which is to clarify immediately certain ^^^^°^
provisions of law relating to fees to be charged by city and
town clerks, therefore it is hereby declared to be an emer-
gency law necessary for the immediate preservation of the
pubHc convenience.

Be it enacted, etc., as follows:

Section 1. Sectipn 34 of chapter 262 of the General EdV'iJi''
Laws, as most recently amended by section 1 of chapter 550 § 34.' etc.,'
of the acts of 1948, is hereby further amended by striking »™®°<^«d-
out clauses (5), (6), (7), (8), (9), (10), (26), (37), (38), (39),
(40), (41), (70), (71), (73), and (77).

Section 2. Chapter 94 of the General Laws is hereby g. l. (Ter.
amended by striking out section 52, as most recently amended ^tl'^'amend^'.
by section 10 of said chapter 550, and inserting in place
thereof the following : — Section 52. Each person who con- Fee for
veys oleomargarine in a vehicle or otherwise, for the purpose convlydeo-
of selling the same in any town, shall annually in May be margarine

licensed by an inspector of milk of such town to sell the

for sale.

204

Acts, 1949. — Chap. 297.

G. L. (Ter.
Ed.), 100, § 2,
etc., amended.

Auctioneer's
license, fee.

G. L. (Ter.
Ed.), 100, § 6,
etc., amended.

Fee for non-
resident

same within the hmits thereof, and shall pay therefor to
such inspector fifty cents to the use of the town. The in-
spector shall pay monthly to the town treasurer all such
moneys collected by him. In towns where there is no
inspector of milk, such hcense shall be issued by the town
clerk. Any such hcense shall be issued only in the name of
the owner of the vehicle, and for the purposes of sections
forty-nine to sixty, inclusive, shall be conclusive evidence of
ownership. No such license shall be sold, assigned or trans-
ferred. Each license shall be numbered and shall state the
name, residence, place of business, number of vehicles used,
and the name and residence of each driver or other person
engaging in carrying oleomargarine. Each licensee before
engaging in the sale of oleomargarine shall cause his name,
the number of his license and his place of business to be
legibly placed, in gothic letters not less than one inch in
length, in the English language, on each outer side of each
vehicle used by him in the conveyance and sale thereof, and
shall report to the said inspector or town clerk any change
of driver or other person engaged in carrying oleomargarine
occurring during the term of his license. Whoever without
being licensed sells oleomargarine, or exposes or offers it for
sale from vehicles or has it in his custody or possession with
intent so to sell, and whoever violates any of the provisions
of this section, shall for the first offence be punished by a
fine of not less than thirty nor more than one hundred
dollars, and for a subsequent offence by a fine of not less
than fifty nor more than three hundred dollars.

Section 3. Chapter 100 of the General Laws is hereby
amended by striking out section 2, as most recently amended
by section 11 of said chapter 550, and inserting in place
thereof the following: — Section 2. The hcensing authority
of any city or town may, upon payment of a license fee of two
dollars to such city or town, license any suitable inhabitant
thereof, who has resided therein during the six months next
preceding the application for such license, to be an auctioneer
therein for one year. The licensing authority of any city or
town may, upon payment of the license fee hereinafter pro-
vided, issue a special hcense to any person not such an
inhabitant, to be an auctioneer therein, for days specified
in the Hcense, in the sale of real estate, livestock and general
farm equipment and produce. The fee for such a special
hcense shall be five dollars for each of the days specified in
the hcense as aforesaid. Said licensing authority may for
any cause deemed satisfactory, and without a hearing, revoke
or suspend any license issued under authority of this section.
Such licenses shall be signed, in Boston by the police com-
missioner, elsewhere by the city or town clerk, and shall be
recorded in a book kept for that purpose.

Section 4. Said chapter 100 is hereby further amended
by striking out section 6, as amended by section 12 of said
chapter 550, and inserting in place thereof the following: —
Section 6. Goods, wares and merchandise brought into a

Acts, 1949. — Chap. 297. 205

city or town for the purpose of being sold by auction shall ^"^^6°"^''^

be sold by auction therein only by an auctioneer duly licensed

in said city or town, or in some other city or town within

the commonwealth, and having a regular and established

place of business in the city or town where the goods, wares

or merchandise are to be sold. If he is a non-resident of the

city or town where he has his place of business, he shall

obtain from the licensing authority thereof a permit to hold

such sales by auction therein, and a special license fee may be

required therefor. Violation of this section shall be punished

by a fine of not more than one hundred dollars.

Section 5. Said chapter 100 is hereby further amended ej^-}Jq®'
by striking out section 14, as most recently amended by § u.'etc..'
section 13 of said chapter 550, and inserting in place thereof *™«'*'^®^-
the following : — Section I4. Except as hereinafter provided, Fee for
no person shall conduct or maintain an establishment where certain
any gold, silver or plated ware, stones, precious or otherwise, pr^°erty at
watches, clocks, jewelry, bric-a-brac, crockery, glassware, art auction,
goods or leather goods, or articles or goods represented as
such, are sold at auction unless he is licensed to conduct or
maintain the same by the licensing authority. Every applica-
tion for such a license shall contain the name and place of
residence of the applicant, a description of the premises
whereon the applicant intends to conduct or maintain such
an establishment, the name of the owner of said premises and
a detailed inventory of the articles or goods intended to be
sold under the license, and no articles or goods except those
described in the application shall be sold thereunder. The
license shall be expressed to be and shall be subject to such
reasonable conditions as to the hours of keeping open such
an establishment as the licensing authority may prescribe.
No person licensed hereunder shall conduct or maintain such
an establishment in any place other than that set forth in
the license. Every license granted hereunder shall expire Fee for
thirty days from its date, but the licensing authority upon ucenl^°^
application therefor may grant a renewal of such license
for an additional thirty days for the sole purpose of enabling
the licensee to complete the sale of any unsold articles or
goods described in the original application, and the fee for
each such license or renewal thereof shall be ten dollars,
which shall accompany the application therefor. No person
shall act as auctioneer in the sale of articles or goods au-
thorized to be sold in pursuance of a license or renewal
thereof issued hereunder unless he is the holder of an auc-
tioneer's license in full force and effect granted under section
two by the licensing authority of the city or town wherein
such articles or goods are so authorized to be sold ; provided,
that such licensing authority, when granting a license or
renewal thereof to conduct or maintain an establishment
hereunder, may, upon payment of a fee of two dollars, issue
a permit which shall authorize any suitable person holding
a license under said section two, to act as auctioneer in the
sale at such establishment of the articles or goods to which

206

Acts, 1949. —Chap. 297.

G. L. (Ter.
Ed.). 100,
§ 18, etc.,
amended.

Fee for

license to hold
bankruptcy,
etc., auctions.

G. L. (Ter.
Ed.), 140,
i 115, etc.,
amended.

the license issued hereunder relates. Such a permit shall
expire with such license or renewal and shall be subject to
revocation in the same manner as a license granted under
said section two. A person acting as auctioneer under
authority of such a permit shall be subject to all the provisions
of this chapter, so far as apt, applicable to auctioneers and
to the penalties prescribed therein for violation thereof.
This section shall not apply to establishments whose principal
business, as finally determined by the licensing authority,
is the sale at auction of property other than the articles or
goods hereinbefore specified.

Section 6. Said chapter 100 is hereby further amended
by striking out section 18, as most recently amended by
section 14 of said chapter 550, and inserting in place thereof
the following: — Section 18. No person, except a licensee
under section fourteen, shall conduct or maintain an estab-
lishment wherein is held any auction represented or adver-
tised by any one of such descriptive terms as "bankruptcy",
"insolvent", "creditors'", "receiver's", "trustee's", "as-
signee's", "removal", "closing out", "selling out", "going
out of business" or "liquidation", unless he is the holder of
a license issued by the licensing authority of the city or town
where such auction is intended to be held, authorizing him
to conduct or maintain such establishment for the holding
of the auction represented or advertised by such descriptive
term. Every application for such a hcense shall contain the
name and place of residence of the applicant, a description
of the premises whereon the applicant intends to conduct
or maintain such an establishment, a sworn statement of
the reasons for and character of the auction intended to be
held and a detailed inventory and any other information
necessary to fully identify the goods, wares or merchandise
intended to be sold at such auction. Any license issued here-
under may be revoked or suspended by the licensing authority
which issued it, for any cause deemed satisfactory by such
authority and without a hearing. No goods, wares or mer-
chandise except those described in the application shall be
sold at such an auction; and no such Hcensee shall bring or
cause to be brought into the licensed establishment for the
purpose of being sold at an auction represented or advertised
under any one of the descriptive terms aforesaid, any goods,
wares or merchandise not truly described by such term. No
person licensed hereunder shall conduct or maintain such
an estabhshment in any place other than that set forth in
the license. Every license granted hereunder shall expire
sixty days from its date, and the fee for each such license shall
be ten dollars, which shall accompany the application there-
for. No person shall act as auctioneer at any auction at
such an estabhshment if he knows or has reason to believe
that the provisions of this section have not been complied
with.

Section 7. Chapter 140 of the General Laws is hereby
amended by striking out section 115, as most recently

Acts, 1949. — Chap. 297. 207

amended by section 21 of said chapter 550, and inserting in
place thereof the following: — Section 115. A furnace for Fee for license
melting iron or making glass, or a stationary steam engine enineor^*"
for use in a mill for planing or sawing boards or turning wood iron-meiting
or in which other fuel than coal is used to create steam, shall '^'^*''®-
not be erected or put up to be used in a city or town which
accepts this and sections one hundred and sixteen and one
hundred and seventeen or has accepted corresponding pro-
visions of earher laws, unless the aldermen or selectmen
thereof have granted a license therefor, prescribing the place
where the building shall be erected in which the steam engine
or furnace is to be used and the materials and construction
thereof, and have made such regulations as to the height of
flues and protection against fire as they deem necessary for
the safety of the neighborhood. Such license may be granted
on a written application, and shall be recorded in the city or
town records. The aldermen or selectmen shall assign a time
and place for a hearing upon such application, and cause at
least fourteen days' public notice thereof to be given, at the
expense of the applicant, in such manner as they may order.

Section 8. Said chapter 140 is hereby further amended g^L. (Ter.
by striking out section 133, as most recently amended by § 133. etc..
section 22 of said chapter 550, and inserting in place thereof a'^^'^'^e'i-
the following: — Section 1S3. Such permit shall be signed J^^ lH^Jll^''^'
by the mayor or by a majority of the board of selectmen and permits,
by the city or town clerk, and be recorded in the office of said
clerk. It shall name the person to whom it is granted, and
definitely and clearly describe the location and limits of the
premises to which it applies, and shall remain in force until
the first day of May next after its date, unless sooner for-
feited or rendered void. Notice of applications for such per-
mits shall be published at the expense of the applicant in
the manner prescribed by section fifteen A of chapter one
hundred and thirty-eight relative to applications for licenses
to sell alcoholic beverages. The board granting the permits
may establish fees for their issue, not exceeding one dollar
each, to be paid to the treasurer of the municipality.

Section 9. Said chapter 140 is hereby further amended G- l. (Jer.
by striking out section 192, as most recently amended by § 192, etc.,
section 24 of said chapter 550, and inserting in place thereof ^™^'^'^«'^-
the following: — Section 192. Such licenses shall be granted pe for
for a term of not more than one year, and shall be recorded steamboat,
by the clerk of the city or town where they are granted, who
shall receive a fee of one dollar for recording each license.
Every such license shall set forth the name of the steamboat
or other boat, of the master and owner, and the number of
passengers it is permitted to carry at any one time, with the
number of life preservers that shall be carried. The license
shall be posted in a conspicuous place therein, and the
number of passengers specified in such license shall in no
case be exceeded.

Section 10. Said chapter 140 is hereby further amended g^^. (Ter.
by striking out section 202, as most recently amended by § 202. etc.,

amended.

208

Acts, 1949. — Chap. 297.

Fees for
issuing and
recording
certain other
licenses.

G. L. (Ter.
Ed.), 159A.
§ 1, etc..
amended.

Fee for
license to
operate motor
carriers.

section 25 of said chapter 550, and inserting in place thereof
the following : — Section 202. Licenses granted elsewhere
than in Boston to keepers of intelhgence offices, dealers in
junk, old metals and second hand articles, junk collectors,
pawnbrokers and keepers of billiard saloons, pool or sippio
rooms or tables, bowling alleys, roller skating rinks, carousels,
inclined railways, Ferris wheels, outdoor exhibitions of fire
fighting for the amusement of the public and picnic groves
shall be signed by the clerk of the city or town where they
are granted. Every such license shall, before being delivered
to the licensee, be recorded by such clerk, in a book kept for
that purpose. Such license shall set forth the name of the
licensee, the nature of the business, and the building or place
in such city or town in which it is to be carried on, and shall
continue in force until May first following unless sooner re-
voked. The board or officer issuing such a license shall, ex-
cept as provided in section seventy-seven, receive for the use
of the city or town such amount, not less than two dollars
for each license, as the board or officer considers reasonable.
In Boston licenses for keepers of intelligence offices, billiard
saloons, pool or sippio rooms or tables, bowling alleys and
picnic groves shall be signed by the licensing board and re-
corded by its clerk and licenses for roller skating rinks,
carousels, inclined railways, Ferris wheels and outdoor ex-
hibitions of fire fighting for the amusement of the public
shall be signed by the mayor and recorded by his clerk; the
other licenses referred to in this section shall be signed by the
police commissioner and recorded by his clerk.

Section 11. Chapter 159 A of the General Laws is hereby
amended by striking out section 1, as most recently amended
by section 34 of said chapter 550, and inserting in place
thereof the following: — Section 1. No person shall, except
as otherwise provided in this chapter, operate any motor
vehicle upon any public way in any city or town for the car-
riage of passengers for hire, in such a manner as to afford a
means of transportation similar to that afforded by a railway
company, by indiscriminately receiving and discharging pas-
sengers along the route on which the vehicle is operated or
may be running, or for transporting passengers for hire as a
business between fixed and regular termini, without first ob-
taining a license for such operation from the city council of
such city or the selectmen of such town, in this chapter called
the licensing authority; provided, that, in respect to any
boulevard or way under the jurisdiction of the metropolitan
district commission, such commission shall constitute the li-
censing authority. Any such license issued by a city council
under this section shall be subject to the approval of the
mayor. The fee for any such license shall not exceed ten
dollars. Such license may limit the number of vehicles to be
operated thereunder. Any person, receiving a license under
this section and operating a vehicle or vehicles thereunder,
shall, in respect to such operation, be subject to such orders,
rules or regulations as shall be adopted by the licensing au-

Acts, 1949. — Chaps. 298, 299. 209

thority under this chapter. No Ucense, certificate or permit
shall be required under this chapter in respect to such car-
riage of passengers as is exclusively interstate.

Approved May 13, 1949.

Chap.29S

An Act to authorize the city of revere to borrow

MONEY for the PURPOSE OF REMODELING, RECONSTRUCT-
ING AND MAKING EXTRAORDINARY REPAIRS TO PUBLIC
BUILDINGS.

Be it enacted, etc., as follows:

Section 1. For the purpose of remodeling, reconstructing
and making extraordinary repairs, including the installation
of new heating and plumbing equipment and fixtures in
public buildings owned by the city, the city of Revere may
borrow, from time to time, during the current year, such sums
as may be necessary, not exceeding, in the aggregate, two
hundred thousand dollars, and may issue bonds or notes
therefor, which shall bear on their face the words. City of
Revere Remodeling and Reconstruction Loan, Act of 1949.
Each authorized issue shall constitute a separate loan and
such loans shall be paid in not more than five years from
their dates. No loan shall be authorized under this act
unless a sum equal to an amount not less than ten per cent
of the loan so authorized is voted for the same purpose to
be provided from taxation or available revenue funds in the
year when authorized. Indebtedness incurred under author-
ity of this act shall be in excess of the statutory limit but
shall, except as provided herein, be subject to the applicable
provisions of chapter fortj'^-four of the General Laws, ex-
clusive of the limitation contained in the first paragraph of
section seven thereof.

Section 2. This act shall take effect upon its passage.

Approved May 13, 1949.

An Act to confirm articles of amendment and to alter
OR extend the corporate powers of eastern states

FARMERS exchange, INCORPORATED.

Whereas, The deferred operation of this act would tend ^™*^bie*'*'
to defeat its purpose, which is in part to make its provisions
apply to the corporation referred to therein without delay,
therefore it is hereby declared to be an emergency law, neces-
sary for the immediate preservation of the public convenience.

Be it enacted, etc., as follows:

Section 1. The votes set forth in the articles of amend-
ment of the agreement of association and articles of organiza-
tion of Eastern States Farmers Exchange, filed in the office
of the state secretary on March eighth, nineteen hundred and
forty-six, are hereby confirmed and made valid, in so far
as they may be invalid by reason of not being passed in full

Chap.299

210 Acts, 1949. — Chap. 300.

compliance with said agreement of association and articles of
organization.

Section 2. Said corporation may provide in its by-laws
for the election of directors by districts; for voting of mem-
bers by mail in elections and on questions concerning the
operation and business of the corporation; for dues and
assessments to be paid by members and the conditions under
which such dues and assessments shall be imposed and
collected; for determining the rights and interests of mem-
bers in the property of the corporation, whether equal or
unequal; and for establishing the basis of voting by the
members. No by-law shall be amended or repealed nor
any new by-law adopted, unless notice of the proposed
action is given in the call for the meeting at which the pro-
posal is to be considered, or in the call for the vote if the
vote is to be taken by mail.

Section 3. Said corporation may amend or alter its
agreement of association or articles of organization, or au-
thorize the sale, mortgage, pledge, lease or exchange of all
its property and assets, including its good will, upon such
terms and conditions as it deems expedient, in the manner
provided by sections forty-one to forty-three of chapter
one hundred and fifty-six of the General Laws, so far as ap-
pHcable; provided, that such action shall require a vote of
three fourths of the members present and voting at a meet-
ing of the corporation called to consider such action, or if
the vote upon such action is taken by mail, a vote of three
fourths of the members who return votes. A vote by mail
upon such action shall not be valid unless votes are returned
by at least three fifths of the members of the corporation.

Approved May 13, 1949.

C/iap. 300 An Act authorizing the town of ayer to construct an

OUTFALL SEWER OR FORCE MAIN AND ENLARGE ITS SEWAGE
TREATMENT WORKS FOR THE DISPOSAL OF ITS SEWAGE.

Be it enacted, etc., as follows:

Section 1. For the purpose of disposing of the sewage
and manufacturing waste of the town of Ayer, said town
may lay out, through its selectmen acting as sewer com-
missioners, construct and maintain an outfall sewer or force
main with an outlet into its sewage treatment works and
may enlarge said treatment works, and for said purposes
may take by eminent domain under chapter seventy-nine
of the General Laws, or acquire by purchase or otherwise,
such lands, water rights, rights of way and easements in
said town as may be necessary for the estabhshment of
such system of sewage disposal and for any connections
therewith. For the aforesaid purposes, said town may lay
sewers through private and other lands and under any way
or railroad, and may enter upon and dig up such private
and other lands or ways or railroad in such manner as not
unnecessarily to obstruct the same; provided, that the town

Acts, 1949. — Chap. 300. 211

shall not do any of the aforesaid work within the location
of any railroad corporation except at such time and in such
manner as it may agree upon with such corporation or, in
case of failure so to agree, as may be approved by the
department of public utilities.

Section 2. No act shall be done under authority of
section one until plans of said outfall sewer or force main of
said sewage treatment works enlargement have been
approved by the department of public health and until an
agreement shall have been entered into by the selectmen
with the Hartnett Tanning Company to reimburse the said
town over a period of ten years for the cost of construction
of said sewer or force main enlargement of said sewage
treatment plant, including interest, if any, on indebtedness
incurred for said purposes. Said agreement shall be accom-
panied by a surety bond satisfactory to the selectmen for
compliance with the conditions thereof, or in lieu thereof
such bond or guaranty for compliance with the conditions
thereof as shall be satisfactory to the town and accepted
at a town meeting, and no betterment assessments shall
be made under authority of general or special law for the
cost of sewer construction authorized by this act except
that the selectmen or board having charge and control of
the sewer system may charge and collect from the said
company a just and equitable annual charge as authorized
by section sixteen of chapter eighty-three of the General
Laws, or any special act or acts of said town pertaining
thereto.

Section 3. Any person injured in his property by any
action of said town may recover damages from said town
under said chapter seventy-nine.

Section 4. For the purpose of paying the necessary
expenses and liabilities incurred under this act, said town
may, from time to time, borrow such sums as may be neces-
sary, not exceeding, in the aggregate, one hundred and
fifteen thousand dollars, and may issue bonds or notes of
the town therefor, which shall bear on their face the words,
Ayer Sewer Loan, Act of 1949. Each authorized issue shall
constitute a separate loan. Indebtedness under this act
shall be in excess of the statutory limit, but shall, except as
provided herein, be subject to the provisions of chapter
forty-four of the General Laws, including the limitations
contained in the first paragraph of section seven thereof.

Section 5. This act shall take full effect upon its ac-
ceptance by vote of two thirds of the voters of said town
voting thereon at a town meeting called for the purpose
within three years after its passage, but not otherwise. No
expenditure shall be made and no liability incurred hereunder
until such acceptance. Approved May 13, 194-9.

212 Acts, 1949. —Chaps. 301, 302, 303, 304.

Chap. SOI ^ -A-CT RELATIVE TO THE DRIVING OF VEHICLES ON PUBLIC
WAYS WHERE THE VIEW IS OBSTRUCTED.

Be it enacted, etc., as follows:

Ed!)', 89^\' 'i. Section 1. Chapter 89 of the General Laws is hereby

ameAded. ' amended by striking out section 4, as appearing in the

Tercentenary Edition, and inserting in place thereof the

?ubii° way following scction : — Section 4- Whenever on any public

wt'eaview way there is not an unobstructed view of the road for at

least two hundred yards, the driver of every vehicle shall

keep his vehicle on the right of the middle of the traveled

part of the way, whenever it is safe and practicable so to do.

Section 2. This act shall take effect on January first,

nineteen hundred and fifty.

Approved May 13, 1949.

Chap. S02 An Act providing that the general public may be
excluded from the court room during the trial of
criminal proceedings involving husband and wife
in district courts.

Be it enacted, etc., as follows:

^•'A^'ini'- Chapter 278 of the General Laws is hereby amended by

tid.), 278, new . .*^ . . i^*iPii- • ci , ■

5 16B, added, mscrtmg alter section loA the lollowmg section: — Section
nubitrma ^^^- ^^^ presiding justice of a district court may exclude
^e excluded, the general public from the court room during the trial of
any criminal proceeding involving husband and wife.

Approved May 13, 1949.

etc.

Chap. 303 An Act relative to the expenditure of funds for the

school lunch program.

Be it enacted, etc., as follows:

Section 2j,of chapter 548 of the acts of 1948 is hereby
amended by striking out, in Hne 9, the word "appropriate"
and inserting in place thereof the word : — expend, — so as
to read as follows : — Section 2. Pursuant to any power of
school committees to operate or provide for the operation of
school lunch programs in schools under their jurisdiction, a
school committee of any town may establish, maintain,
operate and expand a school lunch program for the pupils
in any school building under the jurisdiction of said com-
mittee, may make all contracts necessary to provide material,
personnel and equipment needed to carry out the provisions
of this act; and if necessary may expend funds to meet the
matching requirements and any other provisions of said
National School Lunch Act. Approved May 13, 1949.

Chap. 304: An Act relative to the hunting of deer and other

MAMMALS.

Be it enacted, etc., as follows:
G. L. (Ter. Sectiou 78 of chapter 131 of the General Laws, as amended

1 78,' etc!; by chapter 275 of the acts of 1947, is hereby further amended

amended.

Acts, 1949. — Chaps. 305, 306. 213

by striking out the first paragraph and inserting in place
thereof the following paragraph : — Whoever constructs, Hunting of
erects, sets, uses, locates, repairs, tends or maintains any ^ammals"*^^'^
snare for the purpose of catching or killing any mammal, or regulated."
hunts a mammal by such means or by the aid or use of any
motor vehicle or airplane, or hunts a mammal by the aid or
use of artificial light, shall be punished by a fine of not less
than fifty nor more than two hundred dollars. The construc-
tion, erection, setting, using, locating, repairing, tending or
maintenance of any snare by any person shall be prima facie
evidence of a violation by him of this section.

Approved May 13, 1949.

An Act requiring the shoring of certain excavations. QJiaj) 305
Be it enacted, etc., as follows:

Chapter 149 of the General Laws is hereby amended by g. l. (Xer.
inserting after section 129, as appearing in the Tercentenary u29Af addld.
Edition, the following section: — Section 129 A. On any Certain
construction or other project on which a trench is to be dug be^'shored!^ ^°
to a depth of eight feet or more, such trench shall, if any per-
son is to be required to enter or work therein, and there is a
possibility of a cave-in or collapse thereof, be shored and
braced in such a manner as to prevent its caving in or col-
lapsing. Any employer, or the officer or agent of any em-
ployer who violates this section shall be punished by a fine
of not more than two hundred dollars, or by imprisonment
for not more than one year, or both.

This section shall apply also to any project being carried
on by any city, town, county, or other subdivision of the
commonwealth. Approved May 13, 19^9.

An Act providing for an accelerated highway program, (Jfid'n 306

Whereas, The deferred operation of this act would unneces- Emergency
sarily delay putting into effect the accelerated highway p'"®*™'''®-
program provided for therein, therefore this act is hereby
declared to be an emergency law, necessary for the immedi-
ate preservation of the public safety and convenience.

Be it enacted, etc., as follows:

Section 1. The state department of public works, here-
inafter called the department, and the metropolitan district
commission, hereinafter called the commission, are hereby
authorized and directed to expend a sum not to exceed one
hundred million dollars, in addition to any other appropria-
tions for like purposes as may have heretofore or may here-
after be made, for projects for the laying out, construction,
reconstruction and relocation of highways, parkways, bridges,
grade crossing eliminations and alterations of crossing at
other than grade, for traffic safety devices in accordance
with section seven of this act, for the alteration, construction
and reconstruction of state-owned bridges in accordance
with chapter six hundred and ninety of the acts of nineteen

Acts, 1949. — Chap. 306.

hundred and forty-five, as amended and supplemented, for
traffic studies in urban areas and for studies to determine
the desirabifity and feasibility of revenue producing traffic
facifities. The department and/or the commission shall
accept any federal funds available for such projects, and
such federal funds when received shall be credited to the
Highway Fund.

Section 2. Except in the case of parkway projects under
the jurisdiction of the commission, the department shall
have full authority to select the projects to be undertaken
under the authority of this act.

Section 3, The department is hereby authorized and
directed to make a survey for the purpose of determining
the feasibility and practicability of a revenue-producing
interstate through expressway from the Connecticut state
line to the New Hampshire state line, together with a suit-
able connection to a point west of the Connecticut river and
an easterly connection to Boston, or thereabouts. The de-
partment shall file a report with its findings and recommenda-
tions with the clerk of the house of representatives not later
than June first, nineteen hundred and forty-nine.

Section 4. Pursuant to the provisions of section one of
this act, the commission is hereby authorized and directed
to expend a sum, not to exceed eight million dollars, for proj-
ects of the commission in the area set forth in the "Master
Highway Plan for the Boston Metropolitan Area", as es-
tablished and defined in Exhibit B of House Document No.
1767 of the year nineteen hundred and forty-eight.

Section 5. Pursuant to the provisions of section one
of this act, the department is hereby authorized and directed
to expend a sum, not to exceed thirty-seven million dollars,
for projects in the area set forth in the "Master Highway
Plan for the Boston Metropolitan Area", as established and
defined in said Exhibit B of House Document No. 1767 of
the year nineteen hundred and forty-eight.

Section 6. Pursuant to the provisions of section one of
this act, the department is hereby authorized and directed
to expend a sum, not to exceed fifty-three million dollars,
for projects in the area set forth in "The Report on Massa-
chusetts State Highway Needs, exclusive of Metropolitan
Boston", as established and defined in Exhibit A of said
House Document No. 1767, of the year nineteen hundred
and forty-eight and for traffic studies in urban areas and for
studies to determine the desirability and feasibility of rev-
enue producing facilities including the project authorized in
section three of this act; and not less than five million dollars
of said sum shall be expended in each of the following four
areas of the commonwealth: in the area west of the Con-
necticut river; in the area lying between the Connecticut
river and the easterly boundary line of Worcester county;
in Essex, Middlesex and Norfolk counties including Route
128 therein; and in Bristol, Plymouth, Barnstable, Dukes
and Nantucket counties.

Acts, 1949. — Chap. 306. 215

Section 7. Pursuant to the provisions of section one of
this act, the department is hereby authorized and directed
to expend a sum, not to exceed two million dollars, for traffic
safety devices on state highways and on roads constructed
under the provisions of section thirty-four of chapter ninety
of the General Laws.

Section 8. The department and the commission may,
on behalf of the commonwealth, take by eminent domain
under chapter seventy-nine of the General Laws, or acquire
by purchase or otherwise, such public or private lands,
cemeteries, public parks or reservations, or parts thereof or
rights therein, and/or public ways as it may deem necessary
for carrying out the provisions of this act, including such
land or rights in land as may be necessary for the construc-
tion of any necessary drainage outlets; provided, that no
damage shall be paid for pubUc lands or parks, parkways or
reservations so taken.

Section 9. When the work on any project authorized
by section one shall have been completed, the title to or
control of such highways, lands and/or rights therein taken
or acquired therefor as in the opinion of the department are
no longer needed for state highway purposes, or in the
opinion of the commission are no longer needed for park-
way purposes, may be transferred by the department or the
commission, as the case may be, to the city or town in which
the land or the highway lies. Such sections of highway shall
become city or town ways and shall be kept in good condi-
tion and repair by the city or town in which the land lies and
the provisions of section twenty-five of chapter eighty-one
of the General Laws shall apply thereto.

Section 10. To meet the expenditures necessary in carry-
ing out the provisions of this act, the state treasurer shall,
upon request of the governor and council, issue and sell at
pubhc or private sale bonds of the commonwealth, registered
or with interest coupons attached, as he may deem best,
to an amount to be specified by the governor and council from
time to time but not exceeding in the aggregate the sum of
one hundred million dollars. All bonds issued by the com-
monwealth as aforesaid shall be designated on the face:
Highway Improvement Loan, Act of 1949, and shall be on
the serial payment plan for such maximum term of years not
exceeding ten years from the date of issue, as the governor
may recommend to the general court pursuant to section 3
of Article LXII of the Amendments to the Constitution of
the commonwealth, the maturities thereof to be so arranged
that the amounts payable in the several years other than
the final year shall be as nearly equal as in the opinion of
the state treasurer it is practicable to make them. Said
bonds shall bear interest payable semi-annually at such rate
as the state treasurer with the approval of the governor shaU
fix. Such bonds shall be payable not earlier than July first,
nineteen hundred and fifty-one, nor later than June thirtieth,
nineteen hundred and sixty-three.

216 Acts, 1949. — Chap. 307.

All interest payments and payments on account of princi-
pal on such obligations shall be paid from the Highway
Fund; provided, that, notwithstanding the foregoing, such
obligations shall be general obligations of the common-
wealth.

Section 11. The cost of the work authorized in section
one shall include all project payments, property damages,
expenses for consultants and engineering services, and for
all legal and other technical and expert services, and inci-
dental expenses in connection with the projects herein
authorized. The department and the commission, severally,
may engage such additional engineering and other personnel
subject to the provisions of chapters thirty and thirty-one
as may be necessary to carry out the terms of this act, and
may also engage the services of such consulting engineers
as it may deem necessary, but no increase in the number of
permanent positions in the engineering force of the depart-
ment or of the commission shall be allowed on account of this
act.

Section 12. The department and the commission,
respectively, shall file detailed progress reports with the
governor and with the clerk of the house of representatives
on December thirty-first, nineteen hundred and forty-nine,
June thirtieth, nineteen hundred and fifty, and December
thirty-first, nineteen hundred and fifty, and shall render a
final report on or before July thirty-first, nineteen hundred
and fifty-one relative to all projects undertaken under the
provisions of this act.

Section 13. All contracts for the projects authorized by
this act shall be entered into by the department and the com-
mission, respectively, not later than June thirtieth, nineteen
hundred and fifty-one. Approved May 18, 1949.

Chap. S07 An Act making appropriations for the maintenance

OF DEPARTMENTS, BOARDS, COMMISSIONS, INSTITUTIONS
AND CERTAIN ACTIVITIES OF THE COMMONWEALTH, FOR
INTEREST, SINKING FUND AND SERIAL BOND REQUIRE-
MENTS, AND FOR CERTAIN PERMANENT IMPROVEMENTS.

Be it enacted, etc., as follows:

Section 1. To provide for the maintenance of the
several departments, boards, commissions and institutions,
of sundry other services, and for certain permanent im-
provements, and to meet certain requirements of law, the
sums set forth in section two, for the several purposes and
subject to the conditions specified in said section two, are
hereby appropriated from the funds designated in said
section, subject to the provisions of law regulating the
disbursement of public funds and the approval thereof, for
the fiscal year ending June thirtieth, nineteen hundred and
fifty, in this act referred to as the year nineteen hundred
and fifty, or for such period as may be specified.

Acts, 1949. — Chap. 307.

217

Section 2,
The Following Appropriations are made from The General Ftjnd:
Service of the Legislative Department.

0101-01 For the compensation of senatora . . $112,750 00

0101-02 For expenses of senators, including travel, for

the year nineteen hundred and fifty . . 25,000 00

0101-03 For the compensation of representatives . 662,750 00

0101-04 For expenses of representatives, including
travel, for the year nineteen hundred and
fifty 148,000 00

0101-05 For the salaries of the clerk of the senate and

the clerk of the house of representatives . 19,400 00

0101-06 For the salaries of the assistant clerk of the
senate and the assistant clerk of the house
of representatives ..... 14,400 00

0101-07 For such additional clerical assistance to, and
with the approval of, the clerk of the senate,
as may be necessary for the proper despatch
of public business, including not more than
one permanent position .... 5,200 00

0101-08 For such additional clerical assistance to, and
with the approval of, the clerk of the
house of representatives, as may be neces-
sary for the proper despatch of pubhc busi-
ness, including not more than three perma-
nent positions ..... 10,560 00

0101-09 For the salary of the sergeant-at-arms . 5,000 00

0101-10 For clerical and other assistance employed by
the sergeant-at-arms, including not more
than four permanent positions . . 11,260 00

0101-11 For the compensation for travel of door-
keepers, assistant doorkeepers, general
court officers, pages and other employees
of the sergeant-at-arms, authorized by law
to receive the same .... 26,000 00

0101-12 For the salaries of the doorkeepers of the
senate and house of representatives, with
the approval of the sergeant-at-arms, in-
cluding not more than two permanent
positions 8,820 00

0101-13 For the salaries of assistant doorkeepers of the
senate and house of representatives and of
general court officers, with the approval of
the sergeant-at-arms, including not more
than twenty-five permanent positions . 78,730 00

0101-14 For compensation of the pages of the senate
and house of representatives, with the ap-
proval of the sergeant-at-arms, including
not more than fifteen permanent positions 14,700 00

0101-15 For the salaries of clerks employed in the
legislative document room, including not
more than two permanent positions . . 8,880 00

0101-17 For the salaries of the chaplains of the senate
and house of representatives, including not
more than two permanent positions . . 2,760 00

0101-18 For personal services of the counsel to the
senate and assistants, including not more
than four permanent positions; provided,
that, notwithstanding any provisions of
law to the contrary, the present counsel to
the senate may continue to serve in said
office subject to the will of the senate . 29,960 00

218

Acts, 1949. — Chap. 307.

Item

0101-19 For personal services of the counsel to the
house of representatives and assistants,
including not more than six permanent
positions $4-4,200 00

0101-20 For clerical and other assistance to the senate
committee on rules, including not more
than three permanent positions . . 13,960 00

0101-21 For clerical and other assistance to the house
committee on rules, including not more
than five permanent positions . . 19,620 00

0101-25 For clerical and other assistance to the house
committee on ways and means, including
not more than five permanent positions . 24,900 00

0102-01 For traveling and such other expenses of the
committees of the general court as may be
authorized by order of either branch of the
general court 10,000 00

0102-02 For printing, binding and paper ordered by
the senate and house of representatives, or
by concurrent order of the two branches,
for the year nineteen hundred and fifty and
the pre\'ious year, mth the approval of the
clerks of the respective branches . . 125,000 00

0102-04 For expenses in connection with the publica-
tion of the bulletin of committee hearings
and of the daily list, with the approval of
the joint committee on rules, including not
more than two permanent positions .

0102-05 For stationery for the senate, purchased by
and with the approval of the clerk .

0102-06 For office and other expenses of the committee
on rules on the part of the senate

0102-07 For office expenses of the counsel to the
senate .......

0102-08 For stationery for the house of representa-
tives, purchased bj'^ and with the approval
of the clerk ......

0102-09 For office and other expenses of the committee
on rules on the part of the house

0102-10 For office expenses, including travel, of the
counsel to the house of representatives

0102-11 For contingent expenses of the senate and
house of representatives, and necessary
expenses in and about the state house,
with the approval of the sergeant-at-arms,
for the year nineteen hundred and fifty
and previous years .... 12,165 00

0102-12 For telephone service .... 10,000 00

0102-14 For the payment of wdtness fees to persons
summoned to appear before committees of
the general court, and for expenses inci-
dental to summoning them, with the ap-
proval of the sergeant-at-arms . . 200 00

0102-16 For certain expenses of the clerk's office,
house of representatives, for the year nine-
teen hundred and fifty and previous years 500 00

0102-17 For certain expenses of the senate clerk's

office 200 00

0102-28 For expenses of the house committee on ways
and means, to be in addition to any amount
heretofore appropriated for the purpose . 2,000 00

0102-50 For the services of a physician and for medi-
cal supphes during the legislative session,
subject to the approval of the sergeant-at-
arms; provided, that section twenty-one

t5,600 00

500 00

600 00

300 00

800 00

4,000 00

500 00

Acts, 1949. — Chap. 307.

219

Item

of chapter thirty of the General Laws shall
not apply to the payments made under this
item $1,200 00

Total $1,500,416 00

Service of the Judicial Department.

Supreme Judicial Court, as follows:
0301-01 For the salaries of the chief justice and of the
six associate justices ....

0301-02 For traveHng allowances and expenses
0301-03 For the salary of the clerk for the common-
wealth .......

0301-04 For clerical assistance to the clerk
0301-05 For law clerks, stenographers and other cleri-
cal assistance for the justices .
0301-06 For office supplies, services and equipment .
0301-07 For the salaries of the officers and messengers
0301-08 For the commonwealth's part of the salary of
the clerk for the county of Suffolk .

Total

Reporter of Decisions:

0301-11 For the salary of the reporter of decisions .

0301-12 For clerk hire and office supplies, services and
equipment, including not more than four
permanent positions ....

Total

Superior Court, as follows:

0302-01 For the salaries of the chief justice and of the
thirty-one associate justices

0302-02 For traveling allowances and expenses

0302-03 For the salary of the assistant clerk, Suffolk
county .......

0302-04 For clerical work, inspection of records and
doings of persons authorized to admit to
bail, for an executive clerk to the chief
justice, and for certain other expenses in-
cidental to the work of the court

Total

$120,000 00
1,500 00

7,100 00
3,070 00

40,000 00
5,000 00
5,400 00

1,500 00

$183,570 00

$7,000 00

17,158 00

$24,158 00

$465,000 00
22,000 00

1,000 00

16,000 00
$504,000 00

Judicial Coimcil:

0303-01 For expenses of the judicial council, as au-
thorized by section thirty-four C of chapter
two hundred and twenty-one of the Gen-
eral Laws $1,800 00

0303-02 For compensation of the secretary of the ju-
dicial coimcil, as authorized by said section
thirty-four C of said chapter two hundred
and twenty-one ..... 5,000 00

Total $6,800 00

Administrative Committee of District
Courts :
0304-01 For compensation and expenses of the ad-
ministrative committee of district courts .

$6,000 00

220

Acts, 1949. — Chap. 307.

Itwn

0305-02
0305-03
0305-06

0305-07
0307-01

Administrative Committee of Probate and
Insolvency Courts:

For the compensation of judges of probate
when acting for other judges of probate .

For expenses of judges of probate when act-
ing for other judges of probate

For reimbursing officials for premiums paid
for procuring sureties on their bonds, as
provided by existing laws

For expenses of the administrative committee
of probate courts , . . . .

See item 0305-07.

For the salaries of judges of probate,
registers of probate, assistant registers
and clerical assistance to registers of the
several counties:

$11,000 00
2,300 00

500 00
500 00

Barnstable:

0306-21

Judge of probate .....

$8,000 00

0306-41

Register ......

5,000 00

0306-61

Assistant register .....

3,500 00

0306-81

Clerical assistance to register, including not

more than three permanent positions

6,540 00

Berkshire:

0306-22

Judge of probate .....

8,000 00

0306^2

Register ......

5,500 00

0306-62

Assistant register .....

4,000 00

0306-82

Clerical assistance to register, including not

more than five permanent positions

9,380 00

Bristol:

0306-23

Judge of probate .....

10,000 00

0306-43

Register ......

7,000 00

0306-63

Two assistant registers ....

9,500 00

0306-83

Clerical assistance to register, including not

more than twelve permanent positions .

24,660 00

Dukes Coimty:

0306-24

Judge of probate .....

3,500 00

0306^4

Register ......

3,000 00

0306-84

Clerical assistance to register, including not

more than one permanent position

2,100 00

Essex :

0306-25

Two judges of probate ....

20,000 00

0306-45

Register ......

7,500 00

0306-65

Three assistant registers

15,000 00

0306-85

Clerical assistance to register, including not

more than sixteen permanent positions .

35,570 00

Franklin :

0306-26

Judge of probate .....

8,000 00

0306-46

Register ......

5,000 00

0306-66

Assistant register .....

3,500 00

0306-86

Clerical assistance to register, including not

more than two permanent positions

4,080 00

Hampden :

0306-27

Two judges of probate ....

20,000 00

0306-47

Register ......

7,000 00

0306-67

Three assistant registers ....

13,500 00

0306-87

Clerical assistance to register, including not

more than eleven permanent positions

27,040^00

Acts, 1949. — Chap. 307.

221

Item

Hampshire :

0306-28

Judge of probate .....

$8,000 00

0306-48

Register ......

5,000 00

0306-68

Assistant register .....

3,500 00

0306-88

Clerical assistance to register, including not

more than two permanent positions

4,510 00

Middlesex :

0306-29

Two judges of probate ....

24,000 00

0306-49

Register ......

8,500 00

0306-69

Five assistant registers ....

26,000 00

0306-89

Clerical assistance to register, including not

more than forty permanent positions

88,220 00

Nantucket :

0306-30

Judge of probate .....

3,500 00

0306-50

Register ......

3,000 00

0306-90

Clerical assistance to register .
Norfolk:

500 00

0306-31

Judge of probate .....

12,000 00

0306-51

Register ......

7,500 00

0306-71

Three assistant registers ....

15,500 00

0306-91

Clerical assistance to register, including not

more than fifteen permanent positions .

32,735 00

Plymouth:

0306-32

Judge of probate .....

8.000 00

0306-52

Register ......

5,500 00

0306-72

Assistant register .....

4,000 00

0306-92

Clerical assistance to register, including

not more than six permanent positions .

12,870 00

Suffolk:

0306-33

Three judges of probate ....

39,000 00

0306-53

Register ......

8,500 00

0306-73

Five assistant registers ....

26,000 00

0306-93

Clerical assistance to register, including
not more than forty-eight permanent

positions ......

107,550 00

Worcester:

0306-34

Two judges of probate ....

20,000 00

0306-54

Register ......

7,500 00

0306-74

Three assistant registers ....

15,000 00

0306-94

Clerical assistance to register, including not

more than fifteen permanent positions .

33,580 00

Total

$820,135 00

Service of the Land Court.

0308-01 For the salaries of the judge, associate judges
and the recorder, including not more than
four permanent positions . . . $43,500 00

0308-02 For engineering, clerical and other personal
services, including not more than twenty-
nine permanent positions . . . 114,560 00

0308-03 For personal services in the examination of
titles, for publishing and serving citations
and other services, traveling expenses,
supplies and office equipment, and for the
preparation of sectional plans showing
registered land 33,440 GO

Total

$191,500 00

222

Acts, 1949. — Chap. 307.

Item

0309-01

0310-01

0310-02

0310-03
0310-04

0310-05
0310-06
0310-07

0310-08

0310-09

0311-01
0311-02

0312-01
0312-02

Pensions for Certain Retired Jxtstices.

For pensions of retired justices of the su-
preme judicial court and of the superior
court, and judges of the probate courts and
the land court $100,000 00

Service of the District Attorneys.

District Attorneys, as follows:

For the salaries of the district attorney and
assistants for the Suffolk district, including
not more than fourteen permanent posi-
tions $83,200 00

For the salaries of the district attorney and
assistants for the northern district, in-
cluding not more than seven permanent
positions 38,400 00

For the salaries of the district attorney and
assistants for the eastern district, includ-
ing not more than five permanent positions 20,880 00

For the salaries of the district attorney,
deputy district attorney and assistants for
the southeastern district, including not
more than five permanent positions . . 23,040 00

For the salaries of the district attorney and
assistants for the southern district, includ-
ing not more than four permanent positions 20,620 00

For the salaries of the district attorney and
assistants for the middle district, including
not more than four permanent positions 18,000 00

For the salaries of the district attorney and
assistants for the western district, includ-
ing not more than three permanent posi-
tions . . ... . . 12,480 00

For the salaries of the district attorney and
assistant for the northwestern district, in-
cluding not more than two permanent
positions . . . . . . 7,680 00

For traveling expenses necessarily incurred
by the district attorneys, except in the Suf-
folk district, including expenses incurred
in previous years ..... 5,000 00

Total $229,300 00

Service of the Board of Probation.

For personal services of the commissioner,
clerks and stenographers, including not
more than forty -six permanent positions $113,410 00

For services other than personal, including
printing the annual report, traveUng ex-
penses, rent, office supplies and equipment 9,398 00

Total $122,808 00

Service of the Board of Bar Examiners.

For personal services of the members of the

board and clerical assistance, including not

more than six permanent positions . . $19,700 00

For other services, including printing the

annual report, traveling expenses, office

suppUes and equipment .... 7,490 00

Total

$27,190 00

Acts, 1949. — Chap. 307.

223

Item

0318-01

0401-01
0401-02
0401-03
0401-04

0401-05

0401-06

0401-21

0401-22
0401-23
0401-24

0401-25
0401-31

0401-90
0402-01

Suffolk County Court Hou^e.

for reimbursing the city of Boston for thirty
per cent of the cost of maintenance of the
Suffolk County court house, as provided by
and subject to the conditions of section six
of chapter four hundred and seventy-four
of the acts of the year nineteen hundred
and thirty-five, to be in addition to any
amount heretofore appropriated for the
purpose; provided, that this appropria-
tion shall not be construed as fixing the
specific amount for which the common-
wealth shall be liable on account of said
maintenance $130,000 00

Service of the Executive Department.

For the salary of the governor . . . $20,000 00

For the salary of the lieutenant governor . 6,000 00

For the salaries of the eight councilors . 16,000 00

For the salaries of officers and employees of
the governor's office .... 72,720 00

For certain personal services for the lieuten-
ant governor . . . . . 11,480 00

For certain personal services for the executive
council . 14,220 00

For travel and expenses of the lieutenant
governor and council from and to their
homes 4,000 00

For postage, printing, office and other con-
tingent expenses, including travel, of the
governor . . . . . 20,000 00

For postage, printing, stationery, traveling
and contingent expenses of the governor
and council ..... 6,500 00

For the cost of entertainment of distinguished
visitors to the commonwealth, for the pay-
ment of extraordinary expenses not other-
wise provided for; and for transfers to
appropriation accounts where the amounts
otherwise available are insufficient, with
the approval of the governor and council;
provided, that not more than fifteen thou-
sand dollars shall be for the cost of enter-
tainment hereinabove mentioned. Re-
quests for such transfers shall be referred
by the governor to the commission on ad-
ministration and finance, which, after
investigation, shall submit to the governor
its written recommendation as to the
amount of funds required, together with
pertinent facts relative thereto . . 100,000 00

For certain maintenance expenses of the
governor's automobile .... 1,800 00

For the purchase of portraits of governors of
the commonwealth, as authorized by sec-
tion nineteen of chapter eight of the Gen-
eral Laws 3,000 00

This item omitted.

Total $275,720 00

Service of the Adjutant General.
For the salary of the adjutant general . . $8,800 00

224

Acts, 1949. — Chap. 307.

Item
0402-02

0402-04

For personal services and expenses of office
assistants, including services for the prep-
aration of records of Massachusetts soldiers
and sailors, and including not more than
tv?enty-one permanent positions . . $82,740 00

For expenses not otherwise provided for in
connection with military matters and
accounts 5,300 00

Total $96,840 00

Service of the Organized Militia.

0403-0 i For allowances to companies and other ad-
ministrative units, to be expended under
the direction of the adjutant general . 180,000 00

0403-03 For certain allowances for officers of the
organized militia, as authorized by para-
graph (c) of section one hundred and
twenty of chapter thirty-three of the Gen-
eral Laws ...... 62,500 00

0403-05 For pay and expenses of certain camps of

instruction 60,000 00

0403-07 For transportation of officers and non-com-
missioned officers to and from military
meetings and regimental and battalion
drills 4,000 00

0403-13 For compensation for special and miscel-
laneous duty and for expenses of operation
of the twenty-sixth division; provided,
that any provision of law to the contrary
notwithstanding, sums not exceeding in the
aggregate eight thousand two hundred and
fifty dollars may be expended for compen-
sation for two full time positions . . 23,050 00

0403-14 For compensation for accidents and injuries
sustained in the performance of military
duty 4,000 00

0403-15 To cover certain small claims for damages to
private property arising from miUtary
maneuvers ...... 1,500 00

0403-17 For services and expenses of the military
reservation located in Barnstable coimty,
including compensation of one commis-
sioner ....... 4,415 00

0403-18 For premiums on bonds for officers . 2,000 00

0403-21 For personal services and expenses of main-
taining an air national guard . . . 9,000 00

Total $350,465 00

0405-01

0405-02

Service of the State Quartermaster.

For personal services and expenses of the
state quartermaster, superintendent of ar-
senal and certain other employees of the
state quartermaster, including not more
than seven permanent positions . . $27,755 00

For personal services of armorers and assist-
ant armorers of armories of the first class,
superintendent of armories, and other em-
ployees, including not more than eighty-
three permanent positions, and for operat-
ing expenses of armories of the first class . 535,510 00

Acts, 1949. — Chap. 307.

225

Item
0406-05

0406-06

0406-09

0406-24

For reimbursement for rent and maintenance
of armories not of the first class, up to and
including June thirtieth, nineteen hundred
and fifty . . ,. . ... $28,900 00

For expenses of maintaining and operating
the Camp Curtis Guild rifle range, includ-
ing not more than seven permanent posi-
tions . 24,400 00

For personal services and expenses of certain
storage and maintenance facilities, includ-
ing not more than fourteen permanent
positions . . . ... 92,630 00

For maintenance expenses of certain national
guard aviation facilities .... 21,710 00

Total $730,905 00

Service of the State Surgeon.

0407-01 For personal services and expenses of the
state surgeon, and regular assistants, in-
cluding not more than three permanent
positions ......

$23,360 00

Service of the State Judge Advocate.
040S-01 For compensation of the state judge advocate $1,500 00

Service of the Armory Commission.

0409-01 For compensation of one member and for ex-
penses of the armory commission . . $220 00

Service of the Commission on Administration and Finance.

0414-01 For personal services of the commissioners,
including not more than four permanent
positions $37,000 00

0414-02 For personal services and expenses of the
office of the commissioner of administra-
tion, including not more than ten perma-
nent positions; provided, that the comp-
troller shall transfer to the General Fund
the sum of twelve thousand and seventy-
nine dollars from the Highway Fundi . 60,410 00

0414-03 For personal services and expenses of the
bureau of the comptroller, including not
more than one hundred and fourteen per-
manent positions; provided, that the
comptroller shall transfer to the General
Fund the sum of seventy-two thousand
four himdred and ninety dollars from the
Highway Fund 362,452 00

0414-04 For personal services and expenses of the
bureau of the budget commissioner, includ-
ing not more than seven permanent posi-
tions; provided, that the comptroller shall
transfer to the General Fund the sum of
six thousand three hundred and fifty dol-
lars from the Highway Fund . . . 31,743 00

0414-05 For personal services and expenses of the
bureau of the purchasing agent, including
not more than sixty-one permanent posi-
tions; provided, that the comptroller shall

226

Acts, 1949. — Chap. 307.

Item

0414-06

0414-10

0414-11

0414-12

0414-31

transfer to the General Fund the sum of
thirty-six thousand one hundred and fifty
dollars from the Highway Fund . . $180,720 00
For personal services and expenses of the
dix-ision of personnel and standardization,
including not more than thirty-seven per-
manent positions; proAided, that the
comptroller shall transfer to the General
Fund the sum of twenty-six thousand two
hundred and fifteen dollars from the High-
way Fund 131,085 00

Total $803,410 00

Telephone service:
For telephone service in the state house and

expenses in connection therewith . . $65,000 00

Purchase of paper:
For the purchase of paper used in the execu-
tion of the contracts for state printing,
other than legislative, with the approval
of the commission on administration and
finance $54,500 00

Central mailing room :
For personal services of the central mailing
room, including not more than nine perma-
nent positions $26,290 00

Personnel Appeal Boards:
For personal services and expenses of per-
sonnel appeal boards, as authorized by
chapter four hundred and eighty-five of
the acts of nineteen hundred and forty-five $2,500 00

Service of the State Superintendent of Buildings.

0416-01 For personal services and office expenses of
the superintendent and office assistants, in-
cluding not more than five permanent
positions $20,610 00

0416-02 For personal services of engineers, assistant
engineers, firemen and helpers in the en-
gineer's department, including not more
than forty-seven permanent positions . 126,730 00

0416-03 For personal services of capitol police, in-
cluding not more than thirty-one perma-
nent positions . . . . . 86,460 00

0416-04 For personal services of janitors, including
not more than twenty-three permanent
positions 48,420 00

0416-05 For other personal ser\-ices and expenses inci-
dental to the care and maintenance of the
state house and of the Ford building, so
called, including not more than eighty-one
permanent positions .... 370,840 00

Total

$653,060 00

Service of the State Planning Board.

0419-01 For personal services and expenses of secre-
tary, chief engineer, and other assistants,
including not more than thirteen perma-
nent positions .....

$68,348 00

Acts, 1949. — Chap. 307.

227

Item

0419-21

Special:
For expenses of the New England Interstate
Water Pollution Control Commission, as
authorized by chapter four hundred and
twenty-one of the acts of nineteen hundred
and forty-seven, and for compensation and
expenses of the commissioners as provided
by section four of said chapter ,

$6,500 00

Service of the Commissioners on Uniform State Laws.
0420-01 For expenses of the commissioners . . $750 00

Service of the State Library.

042.3-01 For personal services and expenses of the
Hbrarian, regular Hbrary assistants, tem-
porary clerical assistance, and for services
for cataloguing, including not more than
twenty-eight permanent positions; and for
books and other publications needed for
the library, including necessary binding
and rebinding incidental thereto; pro-
vided, that contracts or orders for such
work shall not be subject to the restrictions
prescribed by section one of chapter five
of the General Laws ....

Service of the Art Commission.
0424-01 For expenses of the commission .

Service of the Ballot Law Commission.

042.5-01 For compensation and expenses of the com-
missioners, including not more than three
permanent positions ....

$98,030 00

$200 00

$3,2,50 00

Service of the Massachusetts Fair Employment Practice Commission.

0426-01 For personal services and expenses of the
Massachusetts fair employment practice
commission, as authorized by chapter
three hundred and sixty-eight of the acts
of nineteen hundred and forty-six, includ-
ing not more than eleven permanent po-
sitions $56,200 00

Service of the Emergency Housing Commission.

0427-01 For personal services and expenses of the
emergency housing commission, as author-
ized by chapter five hundred and sixty-
seven of the acts of nineteen himdred and
forty-eight ......

$19,200 00

Service of the Outdoor Advertising Authority.

0428-01 For personal services and expenses of the
outdoor advertising authority, as author-
ized by chapter six hundred and twelve of
the acts of nineteen hundred and forty-six,
including not more than ten permanent
positions ......

$35,537 00

228

Acts, 1949. — Chap. 307.

Service of the Massachusetts Public Building Commission
Item

0429-01 For personal services and other expenses of
the Massachusetts pubhc biiilding com-
mission, as authorized by chapter four
hundred and sixty-six of the acts of nine-
teen hundred and forty-seven, including not
more than twelve permanent positions

Special :
0429-03 For the preparation of preUminary plans and
descriptive specifications, as authorized by
section one of chapter ninety-two A of the
General Laws, to be in addition to any
amount heretofore appropriated for the
purpose ......

$50,765 00

5,000 00

Service of the Massachusetts Aeronautics Commission.

0442-01 For personal services of employees, including
not more than seventeen permanent posi-
tions, and for administrative expenses, in-
cluding consultants' services, oflSce rent and
other incidental expenses . . . $68,220 00

For the Maintenance of the Mount Greylock War Memorial.
0443-01 For expenses of maintenance of the Mount

Greylock War Memorial, as authorized by
section forty-seven of chapter six of the
General Laws .....

$1,427 00

For the Maintenance of the Old State House.

0444-01 For the contribution of the conmion wealth
toward the maintenance of the old pro-
vincial state house ....

$1,500 00

Service of the Commission on Alcoholism.

0445-01 For personal ser\aces and other expenses of
the commission on alcoholism, as author-
ized by chapter five hundred and thirteen
of the acts of nineteen himdred and forty-
seven .......

$9,800 00

Service of the Youth Service Board.

0446-01 For personal services and expenses of the
Youth Service Board, as authorized by
chapter three hundred and ten of the acts
of nineteen hundred and forty-eight, and
including not more than fifty-three perma-
nent positions ..... $451,661 00

Instruction in public schools:
0446-20 For reimbursement of cities and towns for
tuition of children attending the public
schools 7,500 00

For the maintenance of and for certain im-
provements at the institutions under the
control of the Youth Service Board, with
the approval of said Board:
0446-40 Industrial school for boys, including not
more than one hundred and twenty-five
permanent positions .... 392,405 00

Acts, 1949. — Chap. 307.

229

Item
0446-60

0446-80

Industrial school for girls, including not more

than ninety-five permanent positions . $315,400 00

Lyman school for boys, including not more
than one hundred and fortv-nine perma-
nent positions . . " . . . 570,200 00

Total $1,737,166 00

0460-00

0461-00

0463-00

0463-21
0463-22

0463-23
0463-24

Service of the Airport Management Commission.

For personal services and expenses of the Air-
port Management Commission, as author-
ized by chapter six hundred and thirty-
seven of the acts of nineteen himdred and
forty-eight, including not more than eleven
permanent positions .... $58,050 00

For personal services and expenses of oper-
ating the Logan Airport, including not
more than one hundred and ten permanent
positions 579,755 GO

For personal services and expenses of oper-
ating the Hanscom field, including not
more than twenty-six permanent positions 112,670 00

Total $750,475 00

Specials :
This item omitted.
For certain improvements at the Hanscom

field which have been approved by the

proper federal authorities, to be included

in federal aid programs . . . $85,000 00

This item omitted.

For the resurfacing of runways at the Hans-
com field; provided, that any portion of

the sum herein appropriated may also be

used for matching federal funds . . 50,000 00

Total $135,000 00

Service of the Secretary of the Commonwealth.

0501-01 For the salary of the secretary . . . $8,000 00

0501-02 For personal services and expenses of the
office of the secretary, including not more
than sixty-seven permanent positions . 242,296 00

0502-01 For the purchase of certain supplies, equip-
ment and repairs necessary in connection
with the reproduction of the manuscript
collection designated "Massachusetts
Archives", and for the furnishing of photo-
static copies of corporation papers, election
papers and acts and resolves . . . 8,706 00

0502-02 For the purchase and distribution of copies
of certain journals of the house of repre-
sentatives of Massachusetts Bay from
seventeen hundred and fifteen to seventeen
hundred and eighty, inclusive, as author-
ized by chapter four hundred and thirteen
of the acts of nineteen hundred and twenty 1,650 00

Total $260,652 00

For printing laws, etc. :
0503-01 For printing and distributing the pamphlet
edition and for printing and binding the

230

Acts, 1949. — Chap. 307.

Item

0503-02

0503-03

0504-01

0505-01

0506-01

blue book edition of the acts and resolves of

the year nineteen hundred and fifty, to be

in addition to any amount heretofore ap-
propriated for the purpose . . . $33,675 00
For the printing of reports of decisions of the

supreme judicial court, to be in addition to

any amount heretofore appropriated for

the purpose 12,057 00

For printing and binding public documents,

to be in addition to any amount heretofore

appropriated for the purpose . . . 4,500 00

Total $50,232 00

For matters relating to elections:
For personal services and expenses for pre-
paring, printing and distributing ballots,
and other miscellaneous expenses for
primary and other elections, including not
more than three permanent positions . $157,278 00

Medical Examiners' Fees:
For medical examiners' fees, as provided by
law $1,500 00

Commission on Interstate Co-operation:
For personal sei vices and expenses of the
comntiission, including travel, as authorized
by sections twenty-one to twenty-four, in-
clusive, of chapter nine of the General
Laws, and including not more than two
permanent positions .... $22,075 00

Service of the Treasurer and Receiver-General.

0601-01 For the salary of the treasurer and receiver-
general $7,000 00

0601-02 For personal services and expenses of the
office of the treasurer and receiver-general,
including not more than thirty-nine perma-
nent positions; provided, that the comp-
troller shall transfer to the General Fund
the sum of thirty-six thousand one hundred
and thirty dollars from the Highway Fund 180,680 00

Total $187,680 00

Commissioners on Firemen's Relief:
0602-01 For relief disbursed, with the approval of the
commissioners on firemen's relief, subject to
the provisions of law, and for expenses of
administration by the commissioners on
firemen's reUef $15,300 00

State Board of Retirement:
0604-01 For personal services and expenses in the
administrative office of the state board of
retirement, including not more than thir-
teen permanent positions . . . $36,620 00
0604-03 For the payment of the commonwealth's
share in financing the state employees' re-
tirement system, as provided by chapter
six hundred and fifty-eight of the acts of
nineteen hundred and forty-five; provided.

Acts, 1949. — Chap. 307.

231

Item

that the comptroller shall transfer to the
General Fund the sum of seventy-two
thousand five hundred dollars from the
ffighway Fund $1,450,000 00

Total $1,486,620 00

Service of the Emergenq/ Finance Board.

0605-01 For administrative expenses of the emer-
gency finance board, including not more
than seven permanent positions

$7,600 00

Service of the Auditor of the Commonwealth.

0701-01 For the salary of the auditor . . . $7,000 00

0701-02 For personal services and expenses of the
office of the auditor, including not more
than thirty-five permanent positions; pro-
vided, that the comptroller shall transfer
to the General Fund the sum of twenty-
four thousand eight hundred and fifty
dollars from the Highway Fimd

Total

0801-01
0801-02

0802-01

0802-02

148,480 00

$155,480 00

$10,000 00

219,850 00

8,000 00

7,000 00

$244,850 00

Service of the Attorney Generals Department.

For the salary of the attorney general .

For personal services and expenses of the
office of the attorney general, including not
more than forty-two permanent positions

For the settlement of certain claims, as pro-
vided by law, on account of damages by
cars owned by the commonwealth and
operated by state employees .

For the settlement of certain small claims, as
authorized by sections three A and three B
of chapter twelve of the General Laws

Total

Special :
0803-08 For a contribution to the National Associa-
tion of Attorneys General, to be in addition
to any amount heretofore appropriated for
the purpose $1,000 00

Special Investigation:
0803-10 For personal services and expenses of hear-
ings and special pleadings, including legal
assistants and stenographic services as
needed in litigations, re. New York, New
Haven & Hartford Railroad (Old Colony
Division); provided, that no salaries or
expenses of permanent employees shall be
charged to this item .... $7,500 00

Service of the Department of Agriculture.

0901-01 For the salary of the commissioner . . $7,000 00

0901-02 For personal services and expenses, including
not more than twenty-three permanent
positions 90,849 00

232

Acts, 1949. —Chap. 307.

Item
0901-11

0901-21

0901-22

0905-01

0905-03

0906-01

0907-01

0907-06

0907-07

0907-08

For compensation and expenses of members
of the advisory board .... $560 00

For personal .services and expenses of apiary
inspection, including not more than one
permanent position .... 4,000 00

For personal services and expenses of a pro-
gram of soil conservation, as authorized by
chapter five hundred and thirty-one of the
acts of nineteen hundred and forty-five;
provided, that no compensation or expenses
of the supervisors referred to in said chap-
ter shall be chargeable to this item . . 500 00

Total $102,909 00

Division of Dairyinp; andfAnimal Hus-
bandry ;

For personal services and expenses of the
division, including the enforcement of the
dairy laws of the commonwealth, and in-
cluding not more than nine permanent
positions . . . . . . $42,980 00

For administering the law relative to the in-
spection of barns and dairies by the de-
partment of agriculture, including not more
than fourteen permanent positions . . 67,435 00

Total $110,415 00

Milk Control Board:
For personal services and expenses of mem-
bers of the board and their employees, in-
cluding not more than seventy-five; perma-
nent positions ..... $277,860 00

Division of Livestock Disease Control :

For personal services and expenses of the
office of the director, including not more
than twenty-eight full-time permanent
positions and not more than fifty perma-
nent intermittent positions . . . $146,455 00

For reimbursement of owners of horses killed
during the year nineteen hundred and fifty
and previous years, travel, when allowed, of
inspectors of animals, incidental expenses
of killing and burial, quarantine and emer-
gency services, and for laboratory and vet-
erinary supplies and equipment . . 4,660 00

For reimbursement of owners of tubercular
cattle killed, as authorized by section
twelve A of chapter one hundred and
twenty-nine of the General Laws, and in
accordance with certain provisions of law
and agreements m."de under authority of
section thirty-three of said chapter one
hundred and twenty-nine during the year
nineteen hundred and fifty and the previous
year, to be in addition to any amount here-
tofore appropriated for tlie purpose . . 45,000 00

Total $196,115 00

Reimbursement of towns for inspectors of
animals :
For the reimbursement of certain towns for
compensation paid to inspectors of animals $4,000 00

Acts, 1949. — Chap. 307.

233

Item

0908-01

0909-01

0910-01

Division of Markets:
For personal services and expenses, including
not more than twelve permanent positions $61,700 00

Division of Plant Pest Control and Fairs:
For personal services and expenses, including
not more than three permanent positions $48,885 GO

State Reclamation Board:
For expenses of the board, including not more
than four permanent positions . . $13,900 00

1001-01
1001-02

1001-31

1002-01
1002-11

1002-12

1002-14
1002-15
1002-18

1002-21

Service of the Department of Conservation.

For the salary of the commissioner . . $7,000 GO

For personal services and expenses of the
office of the commissioner, including not
more than sixteen permanent positions . 101,002 00

For personal services, including not more than
seven permanent positions, and for other
expenses incidental to the suppression of
insect pests and shade tree diseases, includ-
ing gypsy and brown tail moths and Japa-
nese beetles, and for reimbursement to
cities and towns of a proportion of their
expenses for such work, as provided b}' law 94,619 GO

Total $202,621 GO

Division of Forestry (it is hereby provided
that federal funds received as reimburse-
ments under the following items are to
be credited to the General Fund as in-
come from the division of forestry) :

For personal services and expenses of the
office of the director, including not more
than five permanent positions . . $17,970 GO

For aiding towns in the purchase of equip-
ment for extinguishing forest fires, and for
making protective belts or zones as a de-
fense against forest fires, for the year nine-
teen hundred and fifty and for previous
years 1,000 00

For personal services of the state &e warden
and his assistants, and for other services,
including traveUng expenses of the state
fire warden and his assistants, necessary
supplies and equipment and materials used
in new construction in the forest fire pre-
vention service, including not more than
sixteen permanent positions . . . 257,230 GO

For the expenses of forest fire patrol, as au-
thorized by section twenty-eight A of chap-
ter forty-eight of the General Laws . , 36,727 00

For reimbursement to certain towns, as
authorized by section twenty-four of said
chapter forty-eight .... 1,000 00

For personal services and expenses, including
not more than two permanent positions, in
connection with establishing forest cutting
practices, as authorized by chapter five
hundred and thirty-nine of the acts of
nineteen hundred and forty-three . . 7,695 00

For the development of state forests, includ-
ing not more than seventeen permanent

234

Acts, 1949. — Chap. 307.

Item

1002-26

1002-27

1002-41

1002-44
1002^5

1003-01
1003-02

1003-03

1004-70

positions, and including salaries and ex-
penses of foresters and the cost of main-
tenance of such nurseries as may be neces-
sary for the planting of state forests, as
authorized by sections one, six, nine and
thirty to thirty-six, inclusive, of chapter
one hundred and thirty-two of the General
Laws .......

For personal services and expenses in con-
nection with certain farm forestry projects
in co-operation with the United States
Forest Service and the county of Berk-
shire; provided, that no expenditure shall
be made under this item until the county of
Berkshire shall have deposited the sum of
one thousand three hundred and twenty-
five dollars in the state treasury for this
project .......

For personal services and expenses in con-
nection with certain farm forestry projects
in co-operation with the United States
Forest Service and the coimty of Essex;
provided, that no expenditure shall be
made under this item until the county of
Essex shall have deposited the sum of one
thousand three hundred and twenty-five
dollars in the state treasury for this project

Total

Specials:

For the purchase and installation of new
radio equipment in certain observation
towers .......

For the purchase of fire trucks .

This item included in item 1001-02.

Total

Di\asion of Law Enforcement:

For personal services and expenses of the
office of the director, including not more
than five permanent positions .

For personal services and expenses of the
administration and enforcement of laws
relative to shellfish and other marine
fisheries, and for regulating the sale and
cold storage of fresh food fish, including not
more than sixteen permanent positions

For personal services and expenses of con-
servation officers, including not more than
thirty-nine permanent positions; provided,
that the comptroller shall transfer to the
General Fund the sum of eighty-three
thousand four hundred and fifty-five dol-
lars from the Inland Fisheries and Game
Fund

Total

Division of Marine Fisheries:
For personal services and expenses of the
office of the director, including not more
than eight permanent positions, and in-
cluding personal services and expenses
required in connection with the activities

$192,380 00

5,300 00

5,300 00

$524,602 00

$13,200 00
35,000 00

$48,200 00

$15,580 00

94,705 00

166,910 00
$277,195 00

Acts, 1949. — Chap. 307.

235

Item

1004-73

1004-84

1004-85

1004-87
1004-90

1004-91
1004-93

provided for under items 1004-84 and

1004-85 . . . . . . $43,667 GO

For expenses of the advisory board of the

division of marine fisheries, as authorized

by chapter six hundred and fifty-one of

the acts of nineteen hundred and forty-
eight . . . . . 1,600 GO
For the reimbursement to certain coastal

cities and towns of a part of the cost of

projects for the propagation of shellfish,

as authorized by section twenty of chapter

one hundred and thirty of the General

Laws; provided, that the expenditure by

said cities and towns of funds herein pro-
vided shall not be subject to appropriation

as required by section fifty-three of chap-
ter forty-four of the General Laws . . 12,500 00
For the reimbursement to certain coastal

cities and towns of a part of the cost of

projects for the suppression of enemies of

shellfish, as authorized by section twenty

of chapter one hundred and thirty of the

General Laws; provided, that the ex-
penditure by said cities and towns of funds

herein provided shall not be subject to

appropriation as required by section fifty-
three of chapter forty-four of„the General

Laws . . , . . "" . . 7,600 GO

For the cost of construction and improvement

of certain fishways, as provided by law . 13,060 00

For services and expenses of the Atlantic

States Marine Fisheries Commission, as

authorized by chapter four hundred and

eighty-nine of the acts of nineteen hundred

and forty-one 4,800 00

For bounties on seals .... 450 00

For experimental work with and consultant

services of the Woods Hole Oceanographic

Institute, for the purpose of increasing the

supply of shellfish in the commonwealth . 20,000 00

Total $103,477 00

Service of the Department of Banking and Insurance.

Division of Banks:
1101-01 For the salary of the commissioner
1101-02 For personal services and expenses, including
not more than one hundred and sixty
permanent positions ....

Total

Supervisor of Loan Agencies:
1102-01 For personal services and expenses, including
not more than seven permanent positions

Division of Insurance:
1103-01 For the salary of the commissioner
1103-02 For other personal services and expenses of
the division, including expenses of the
board of appeal and certain other costs
of supervising motor vehicle liability in-
surance, and including not more than two
hundred and nineteen permanent positions;

$8,500 00

687,865 00
$696,365 00

$21,543 00
$8,500 00

236

Acts, 1949. — Chap. 307.

Item

1105-01

provided, that the comptroller shall
transfer to the General Fund the sum of
one hundred and tlairty-three thousand
dollars from the Highway Fund; and it
is further provided that contracts or orders
for the purchase of statement blanks for
the making of annual reports to the com-
missioner of insurance shall not be subject
to the restrictions prescribed by section
one of chapter five of the General Laws .

Total

Division of Savings Bank Life Insurance:
For personal services and expenses, including
not more than thirty permanent positions

$790,425 00
$798,925 00

$100,950 00

Service of the Department of Corporations and Taxation.

1201-01 For the salary of the commissioner . . $9,500 00

1201-02 For personal services of the corporations
and tax divisions, the division of field
investigation and temporary taxes, the
administration of an excise tax on meals
and the income tax division, including
not more than six hundred and eleven
permanent positions; provided, that the
comptroller shall transfer to the General
I'und the sum of ninety-five thousand
dollars from the Highway Fund, the sum
of one hundred and four thousand two
hundred dollars from amounts collected
under chapter sixty-four B of the General
Laws and the sum of nine hundred and
fiifty-four thousand one hundred and
twenty dollars from the receipts of the
income tax 1,639,610 00

1201-03 For other services and expenses of the cor-
porations and tax divisions, including
necessary office supplies and equipment,
travel, and for printing the annual report;
provided, that the comptroller shall
transfer to the General Fund the sum of
sixteen thousand five hundred and seventy
dollars from the Highway Fund . . 82,870 00

1201-12 For expenses other than personal services
of the division of field investigation and
temporary taxes . . . . . 18,155 00

1201-22 For expenses other than personal services
for the administration of an excise on
meals the sum of twenty-nine thousand
three hundred dollars is hereby appro-
priated from the General Fund; provided,
that a sum equivalent to the expenditures
under this item shall be transferred to the
General Fund from amounts collected
under chapter sixty-four B of the General
Laws 29,300 00

1202-02 For services other than personal of the in-
come tax division, including traveling
expenses, office supplies and equipment
and rent, the sum of two hundred and
seventy-four thousand six hundred and
seventy-five dollars is hereby appropriated
from the General Fund; provided, that

Acts, 1949. — Chap. 307.

237

Item

1203-01

1203-11

1203-12

1203-21

1204-01

1205-01

1301-01
1301-02

1301-06

1301-07
1301-08

1301-10

1301-17

1301-18

a sum equivalent to the expenditures
from this item shall be transferred to the
General Fund from receipts from the in-
come tax ......

Total

Division of Accounts:

For personal services, including not more
than one hundred and eighteen perma-
nent positions, partly chargeable to item
1203-11, and for expenses

For services and expenses of auditing and in-
stalling systems of municipal accounts, the
cost of which is to be assessed upon the
municipalities for which the work is done

For the expenses of certain books, forms
and other material, which may be sold to
cities and towns requiring the same for
maintaining their system of accounts

For the administrative expenses of the
county personnel board, including not
more than six permanent positions .

Total

Appellate Tax Board:
For personal services and expenses of the
members of the board and employees,
including not more than twenty-eight
permanent positions ....

Reimbursement of loss of taxes:
For reimbursing cities and towns for loss of
taxes on land used for state institutions
and certain other state activities, as certi-
fied by the commissioner of corporations
and taxation for the calendar year nine-
teen hundred and forty-nine, and for the
reimbursement of certain towns as au-
thorized by section seventeen B of chapter
fifty-eight of the General Laws

Service of the Department of Education.

For the salary of the commissioner

For personal services and expenses, including
not more than sixty permanent positions

For printing school registers and other school
blanks for cities and towns

For expenses of holding teachers' institutes .

For aid to certain pupils in state teachers'
colleges, under the direction of the depart-
ment of education ....

For the maintenance and operation of the
state building on Newbury street, Boston,
including not more than four permanent
positions ......

For expenses in connection with the National
Education Association Convention to be
held in Boston during the fiscal year nine-
teen hundred and fifty ....

For personal services and other expenses re-
quired for the operation of an agency for
surplus property .....

$274,675 00
$2,054,110 00

$477,285 00
49,600 00

40,000 00

13,350 00
$580,235 00

$143,294 00

$250,000 00

$11,000 00

232,762 00

6,000 00
1,500 00

4,000 00

26,430 00

2,500 00

13,650 00

238

Acts, 1949. — Chap. 307.

Item
1301-19

1301-20

1301-21

1301-22

1301-25
1301-26

1301-27

1301-31

1301-32
1301-33

For reimbursement to cities and towns of a
portion of the cost of a program for ex-
tended school services for certain children
of certain employed mothers, as authorized
by sections twenty-six A to twenty-six F,
inclusive, of chapter seventy-one of the
General Laws, as amended . . . $20,000 00

For personal services and expenses of the
Board of Education, as authorized by chap-
ter six hundred and fifty-two of the acts of
nineteen hundred and forty-seven, and
including not more than two permanent
positions 7 810 00

For personal services and expenses of the
school building assistance commission, as
authorized by chapter six hundred and
forty-five of the acts of nineteen hundred
and forty-eight 56,979 00

For personal services and expenses in con-
nection with the federal communitj' school
lunch program so called; provided, that
notwithstanding any other provision of
law, persons employed hereunder shall not
be subject to the civil service laws or the
rules and regulations made thereunder, nor
to the laws regarding pensions and retire-
ment, but their employtnent and salary
rates shall be subject to the appro\'al of
the division of personnel and stamiardiza-
tion 67,320 00

For expenses of the Board of Collegiate Au-
thonty, as authorized by section three A
of chapter fifteen of the General Laws . 1.500 00

For the cost of preparation printing and dis-
tribution of courses of study for elemen-
tary grades in certain subjects, including
science to be in addition to any amount
heretofore appropriated for the purpose . 1,500 00

For personal ser\aces and expenses of a sum-
mer school to be conducted at Hyannis or
elsewhere, with the approval of the com-
missioner of education .... 6,320 00

Total $459,280 00

Division of Vocational Education-
For the training of teachers for vocational
schools to comply with the requirement of
federal authorities under the provisions of
the Smith-Hughes act so called, including
not more than twenty f)ermanent positions,
to be in addition to any amount heretofore
appropriated for the purpose . . . $41,936 00

Division of Vocational Rehabilitation:

For the expenses of promotion of vocational
rehabilitation in co-operation with the
federal government .... $100,000 00

For aid to certain persons receiving instruc-
tion in the courses for vocational rehabili-
tation, as authorized by section twenty-
two B of chapter seventy-four of the
General Laws 10,000 00

Total $110,000 00

Acts, 1949. — Chap. 307.

239

Item
1301-41

1301-51

1301-52
1301-53

1301-54

1301-55
1301-56

1301-61

1301-64

1302-01

1303-01

1304-01

Education of deal a!u! blind pupils:
For the education of deaf and blind pupils of
the commonweaith, as provided by section
twenty-six of chapter sixty-nine of the Gen-
era! Laws $584,684 00

Reimbursement and aid:
For assisting small towns in providing them-
selves with school superintendents, as pro-
vided by law $95,000 00

This item omitted.

For the reimbursement of certain towns for

the transportation of pupils attending high

schools outside the towns in which they

reside, as provided by law; provided, that

a sum equivalent to the expenditures under

this item be transferred to the General

Fund from the receipts of the income tax 1,400,000 00
For the reimbursement of certain cities and

towns for a part of the expenses of main-

ttrining agricultural and industrial voca-
tional schools, as provided by law . . 2,792,193 00
For reimbursement of certain cities and towns

for adult English-speaking classes . . 75,000 00

For reimbursement of certain cities and towns

for part of the cost of construction of school

projects, as authorized by chapter six him-

dred and forty-five of the acts of nineteen

hundred and forty-eight; provided, that

a sum equivalent to the expenditures under

this item be transferred to the General

Fund from the receipts of the income tax 600,000 00

Total $4,962,193 00

University Extension Courses:
For personal services and expenses, including
not more than forty-seven permanent
positions; provided, that the comptroller
shall transfer to the General Fund the sum
ot one hundred and fifty-six thousand dol-
lars from the Veterans' Services Fund . $312,045 00

English-speaking classes for adults:
For personal services and expenses of adminis-
tration, including not more than two
permanent positions .... $9,425 00

Division of Immigration and Americaniza-
tion :
For personal services and expenses, including
not more than nineteen permanent posi-
tions S64,825 00

Division of Public Libraries:
For personal services and expenses, including
not more than eighteen permanent posi-
tions, and for the purchase of books and
other publications, and for the cost of bind-
ing and rebinding; provided, that contracts
or orders for such work shall not be subject
to the restrictions prescribed by section
one of chapter five of the General Laws . $70,965 00

Division of the Blind:
For general administration, furnishing in-
formation, industrial and educational aid.

240

Acts, 1949. — Chap. 307.

Item

and for carrying out certain provisions of
the laws establishing said division, includ-
ing not more than twenty-six permanent
positions $87,355 00

1304-06 For instruction of the adult blind in their
homes, including not more than fourteen
permanent positions .... 34,400 00

1304-08 For aiding the adult bUnd, subject to the
conditions provided by law, including the
cost of certain medical assistance and sup-
plies 619,660 00

1304-10 For expenses of administering and operating
the services of piano tuning and mattress
renovating under section twenty-five of
chapter sixty-nine of the General Laws . 35,000 00

1304-11 For personal services and other expenses in
connection with the operation of local
shops, including not more than eight
permanent positions .... 112,596 00

1304-13 For personal services and other expenses in
connection with the operation of the Wool-
son House industries, including not more
than two permanent positions . . 66,175 00

1304-15 For the operation of the salesroom and other
expenses in connection with the sale of
materials made by bUnd persons, including
not more than two permanent positions . 27,690 00

1304-16 For personal services and other expenses in
connection with the operation of certain
industries for men, including not more
than seven permanent positions . . 262,640 00

»

Total $1,246,606 00

Reimbursement :
1304-27 For expenses of providing sight-saving
classes, with the approval of said division

$20,000 00

Special :
1304-28 For expenses of promotion of vocational re-
habilitation in co-operation with the fed-
eral government .....

$15,000 00

Teachers' Retirement Board:
1305-01 For personal services and expenses, including
not more than twenty-four permanent

positions $69,295 00

1305-08 For the payment of the commonwealth's
share in financing the teachers' retirement
system, as provided by chapter six hundred
and fifty-eight of the acts of nineteen hun-
dred and forty-five .... 3,890,000 00

Total $3,959,296 00

Reimbursement :
1305-04 For reimbursement of certain cities and towns

for pensions to retired teachers . . $625,000 00

Massachusetts Maritime Academy:
1306-01 For personal services and expenses of admin-
istration, including not more than two per-
manent positions . . . , . $8,224 00

Acts, 1949. — CnAr. 307.

241

Item
1306-10

1307-00

1307-21

1307-32
1307-33
1308-00

1308-21
1309-00

1309-21
1311-00

1312-00

1312-21

1312-32
1312-33

For the maintenance of the academy and
ship, including not more than fifty-six
permanent positions, with the approval of
the commissioner of education . . $338,425 00

Total $346,649 00

For the maintenance of and for certain
improvements at the following state
teachers' colleges, and the boarding
halls attached thereto, with the approval
of the commissioner of education :

State teachers' college at Bridgewater, in-
cluding not more than sixty-six permanent
positions; provided, that the comptroller
shall transfer to the General Fund the sum
of thirty-four thousand four hundred and
forty dollars from the Veterans' Services
Fund ....... $312,950 00

State teachers' college at Bridgew ater, board-
ing hall, including not more than thirty-
two permanent positions . . . 132,790 00

Tills item omitted.

This item omitted.

State teachers' college at Fitchburg, includ-
ing not more than sixty-four permanent
positions; provided, that the comptroller
shall tran.sfer to the General Fund the sum
of one hundred and eight thousand four
hundred dollars from the Veterans' Serv-
ices Fund 318,790 00

State teachers' college at Fitchburg, board-
ing hall, including not more than ten
permanent positions .... 77,380 00

State teachers' college at Framingham, in-
cluding not more than sixty-six permanent
positions; provided, that the comptroller
shall transfer to the General Fund the sum
of two thousand seven hundred and sixty
dollars from the Veterans' Services Fund . 250,395 00

State teachers' college at Framingham, board-
ing hall, including not more than thirty-
two permanent positions ... 1 16,460 00

State teachers' college at Lowell, including
not more than thirty-seven permanent
positions; piovided, that the comptroller
shall transfer to the General Fund the sum
of eleven thousand six hundred and sixty
dollars from the Veterans' Services Fund . 129,565 00

State teachers' college at North Adams, in-
cluding not more than twenty-eight perma-
nent positions; provided, that the comp-
troller shall transfer to the General Fund
the sum of thirty thousand six hundred
dollars from the Veterans' Services Fund . 118,130 00

State teachers' college at North Adams,
boarding hall, including not more than
four permanent positions . . . 17,325 00

Special :
For certain repointing and masonry repairs
to buildings 5,000 00

Special:
For certain rewiring

3,000 00

242

Acts, 1949. — Chap. 307.

Item
1312-34

1312-35
1313-00

1313-37
1314-00

Special:
For the renovation of roofs

Special :

For certain exterior painting

State teachers' college at Salem, including
not more than fifty permanent positions;
provided, that the comptroller shall trans-
fer to the General Fund the sum of twenty-
five thousand seven hundred and sixty-
seven dollars from the Veterans' Services
Fund

Special :

For the resurfacing of tennis courts

State teachers' college at Westfield, including
not more than thirty-one permanent posi-
tions; provided, that the comptroller shall
transfer to the General Fund the sum of
twenty-nine thousand four hundred and
sixty dollars from the Veterans' Services
Fund

State teachers' college at Westfield, boarding
hall, including not more than two perma-
nent positions .....

State teachers' college at Worcester, includ-
ing not more than forty-two permanent
positions; provided, that the comptroller
shall transfer to the General Fund the sum
of nineteen thousand four hundred and
twenty-five dollars from the Veterans'
Services Fimd .....

Massachusetts School of Art, includmg not
more than twenty-eight permanent posi-
tions; provided, that the comptroller shall
transfer to the General Fund the sum of
forty-three thousand four hundred and
forty-five dollars from the Veterans' Serv-
ices Fund ......

Special :
1321-22 For the repair and replacement of certain
steam lines ......

Total

Textile Institutes:

1331-00 For the maintenance of the Bradford Durfee
technical institute of Fall River, with the
approval of the commissioner of education
and the trustees, including not more than
twenty-two permanent positions, and in-
cluding the sum of ten thousand dollars
which is to be assessed upon the city of
Fall River as a part of the charges to be
paid by said city to the commonwealth in
the calendar year nineteen hundred and
forty-nine; provided, that the comptroller
shall transfer to the General Fund the sum
of sixty-two thousand nine hundred and
twenty-five dollars from the Veterans'
Services Fund .....

1332-00 For the maintenance of the Lowell textile
institute, with the approval of the commis-
sioner of education and the trustees, includ-

1314-21
1315-00

1321-00

$15,000 00
10,000 00

197,630 00
6,000 00

111,755 00
5,510 00

146,055 00

183,320 00

15,000 00
$2,172,055 00

$174,310 00

Acts, 1949. — Chap. 307.

243

Itam

ing not more than ninety-one permanent
positions, and including the sum of ten
thousand dollars which is to be assessed
upon the city of Lowell as a part of the
charges to be paid by said city to the com-
monwealth in the calendar year nineteen
hundred and forty-nine; provided, that
the comptroller shall transfer to the Gen-
eral Fund the sum of one hundred and
eighty-four thousand eight hundred and
thirty-six dollars from the Veterans' Serv-
ices Fund $581,300 00

Special:

1332-37 For expenses in connection with a research
project for which the commonwealth will
be fully reimbursed by the United States
Department of Agriculture, under a con-
tract approved by the commission on ad-
ministration and finance, entitled "Im-
provement of Cotton Warp Yams for
Carpets" $25,000 00

1333-00 For the maintenance of the New Bedford tex-
tile institute, with the approval of the com-
missioner of education and the trustees, in-
cluding not more than thirty-three perma-
nent positions, and including the sum of
ten thousand dollars which is to be assessed
upon the city of New Bedford as a part of
the charges to be paid by said city to the
commonwealth in the calendar year nine-
teen hundred and forty-nine; provided,
that the comptroller shall transfer to the
General Fund the sum of ninety-eight
thousand nine hundred dollars from the
Veterans' Services Fund . . . 180,095 00

1333-39 This item omitted.

Total $960,705 00

University of Massachusetts:
1341-00 For the maintenance of the University of
Massachusetts, with the approval of the
trustees, including not more than seven
himdred and seventy-two permanent posi-
tions; provided, that the comptroller shall
transfer to the General Fund the sum of
one million eight hundred and thirty-six
thousand three hundred dollars from the
Veterans' Services Fund; and from the
amount herein appropriated sums not ex-
ceeding in the aggregate five hundred dol-
lars are hereby authorized to be expended
for experimental purposes in connection
with the cultivation of beach plums, as
authorized by chapter five hundred and
thirty-four of the acts of nineteen hundred
and forty-one $4,338,715 00

Service of the Department of Civil Service and Registration.

Division of Civil Service:
1402-01 For the salary of the director and for the
compensation of members of the com-
mission $21,000 00

244

Acts. 1949. — Chap. 307.

Item
1402-02

1402-21

1403-01
1403-02

1404-01

I40r,"01

1405-03

For other, personal services and expenses of
the division, including not more than one
hundred and seventy-one permanent po-
sitions; provided, that the comptroller
shall transfer to the General Fund the sum
of eighty-four thousand forty dollars from
the Highway Fund .... $504,250 00

For expenses of hearings as authorized by
section one of chapter six hundred and
sixty-seven of the acts of nineteen hun-
dred and forty-five .... 1,000 00

Total $526,250 00

Division of Registration:
For the salary of the director . . . $3,400 00

For personal services and expenses of the

division, including not more than forty-one

permanent positions .... 146,955 00

Board of Registration in Medicine:
For personal services and expenses of the
members of the board, including not more
than seven permanent positions . . 6,800 00

Board of Dental Examiners:
For personal services and expenses of the

members of the board, including not more

than five permanent positions, and for the

enforcement of the registration law . . 4,900 00

This item included in item 1405-01.

Board of Registration in Chiropody:
1406-01 For personal services and expenses of mem-
bers of the board, including not more than
five permanent positions . . . . 1,200 00

Board of Registration in Pharmacy :
1407-01 For personal services of members of the
board, including not more than five per-
manent positions . . . . . 4,300 00
1407-02 For personal services of agents and investi-
gators, including not more than four per-
manent positions ..... 18,324 00

Board of Registration of Nurses:
1408-01 For personal services and expenses of the
members of the board, and of the appoin-
tive members of the approving authority,
including not more than ten permanent
positions 4,410 00

Board of Registration in Embalming and
Funeral Directing:

1409-01 For personal services and expenses of mem-
bers of the board, including not more than
three permanent positions . . . 6,400 00

1409-03 This item omitted.

Board of Registration in Optometry:
1410-01 For personal services and expenses of mem-
bers of the board, including not more than
five permanent positions .... 2,260 00

Acts, 1949. — Chap. 307.

245

Item

Board of Registration in Veterinary Medi-
cine:
1411-01 For personal services and expenses of mem-
bers of the board, including not more than
five permanent positions .... $2,265 00

Board of Registration of Professional En-
gineers and of Land Surveyors:
1412-01 For travel and other necessary expenses . 4,210 00

Board of Registration of Architects:
1413-01 For personal services and expenses of mem-
bers of the board, including not more than
five permanent positions .... 3,470 00

Board of Registration of Certified Public
Accountants :
1414-01 For personal services and expenses of mem-
bers of the board, including not more than
five permanent positions .... 7,535 00

State Examiners of Electricians:
1416-01 For personal services and traveling expenses
of members of the board, including not
more than two permanent positions . . 5,900 00

State Examiners of Plumbers :
1417-01 For personal services and traveling expenses
of members of the board, including not
more than three permanent positions . 3,650 00

Board of Registration of Barbers:
1420-01 For personal services and expenses of mem-
bers of the board and assistants, including
not more than eight permanent positions . 29,607 00

Board of Registration of Hairdressers:
1421-01 For personal services and expenses of mem-
bers of the board and assistants, including
not more than seventeen permanent po-
sitions 53,375 00

Total $309,011 00

1501-01

1501-02

1501-05

1501-21

Service of the Department of Industrial Accidents.

For personal services of members of the board,

including not more than nine permanent

positions $63,500 00

For other persona! ser\'ices and expenses,

including not more than one hundred and

twenty-five permanent positions . . 383,135 00

For expenses of impartial examinations for

the year nineteen hundred and fifty and the

previous year ..... 60,000 00

Total $506,635 00

Division of Self Insurance :
For personal services and other expenses of
the division, as authorized by chapter sixty
of the acts of nineteen hundred and forty-
five, including not more than six perma-
nent positions $20,835 00

246

Acts, 1949. — Chap. 307.

Item

1601-01
1601-02
1601-31
1601^1
1601-51
1601-53

1601-61

1601-71

1601-81

Service of the Department of Labor and Industries.

For personal services and expenses of general
administration, including not more than
ten permanent positions .... $47,490 00

For personal ser\ices and expenses of the in-
spectional services, including not more than
seventy-three permanent positions . . 281,920 00

For personal services and expenses of the
division of occupational hygiene, including
not more than ten permanent positions . 40,140 00

For personal services and expenses of the
statistical service, including not more than
thirty-six permanent positions . . . 112,040 00

For personal services and expenses of the
division on necessaries of life, including not
more than five permanent positions . 16,695 00

For personal services and other expenses in
administering sections two hundred and
ninety-five A to two himdred and ninety-
five O, inclusive, of chapter ninety-four of
the General Laws, relating to the advertis-
ing and sale of motor fuel at retail, includ-
ing not more than twelve permanent posi-
tions . 42,810 00

For personal services and expenses of the
board of conciliation and arbitration, in-
cluding not more than ten permanent posi-
tions 55,230 00

For personal services and expenses of the
minimum wage service, including com-
pensation and expenses of wage boards,
and including not more than twenty-eight
permanent positions .... 95,545 00

For personal services and expenses for the
division of standards, including not more
than seventeen permanent positions . 65,950 00

Total

$757,720 00

Massachusetts Development and Indus-
trial Commission:
1603-01 For personal services and expenses, and for
the promotion and development of the
industrial, agricultural and recreational
resources of the commonwealth, including
not more than twelve permanent positions

$216,045 00

Labor Relations Commission :
1604-01 For personal services and administrative ex-
penses, including not more than twenty
permanent positions ....

$87,065 00

Service of the Department of Mental Health.

1701-01 For the salary of the commissioner . . $12,000 00

1701-02 For personal services and expenses, including
not more than ninety-two permanent posi-
tions, and including transportation, medi-
cal examinations and boarding out of pa-
tients and certain feeble-minded persons . 462,625 GO

Total

$474,625 00

Acts, 1949. — Chap. 307.

247

Item
1702-00

1710-00
1711-00
1712-00
1713-00
1714-00
1715-00
1716-00
1717-00
1718-00
1719-00
1720-00
1721-00
1722-00
1723-00

1723-21
1724-00

1724-22
1725-00

1725-27
1726-00

Division of Mental Hygiene:
For personal services and expenses, including
not more tlian sixty-nine permanent posi-
tions $241,630 00

For the maintenance of and for certain im-
provements at the following institutions
under the control of the Department of
Mental Health:

Boston psychopathic hospital, including not
more than one himdred and eighty-three
permanent positions .... $631,090 GO

Boston state hospital, including not more
than seven hundred and seventy permanent
positions 2,717,610 00

Danvers state h(jspital, including not more
than six himdred and fifty-six permanent
positions . . . . . . 2,082,855 00

Foxborough state hospital, including not
more than three hundred and eighty-nine
permanent positions .... 1,290,601 00

Gardner state hospital, including not more
than three hundred and ninety-three
permanent positions .... 1,293,095 00

Grafton state hospital, including not more
than five hundred and twenty-three perma-
nent positions ..... 1,710,770 00

Medfield state hospital, including not more
than five hundred and twenty-eight perma-
nent positions 1,694,970 00

Metropohtan state hospital, including not
more than four hundred and eighty-seven
permanent positions .... 1,710,670 00

Northampton state hospital, including not
more than five hundred and sixteen perma-
nent positions . . . . . 1,806,960 00

Taunton state hospital, including not more
than five hundred and thirty-seven per-
manent positions ..... 1,786,940 00

Westborough state hospital, including not
more than four hundred and eighty-two
permanent positions .... 1,597,470 00

Worcester state hospital, including not more
than six hundred and eighty-three per-
manent positions ..... 2,366,517 00

Monson state hospital, including not more
than four hundred and fifty-seven perma-
nent positions ..... 1,512,826 00

Belchertown state school, including not more
than three hundred and fifty-one perma-
nent positions 1,220,320 UO

This item postponed.

Walter E. Fernald state school, including not
more than five hundred and tliirty-seven
permanent positions .... 1,820,376 00

This item postponed.

Wrentham state school, including not more
than four hundred and forty-two perma-
nent positions ..... 1,538,190 00

This item postponed.

State school at Camp Myles Standish, so-
called, including not more than two hun-
dred and forty-four permanent positions . 913,560 00

Total $27,694,820 00

248

Acts, 1949. — Chap. 307.

Item
1801-01
1801-02

1801-08

1801-21

1802-00
1803-00
1805-00
180a-00
1807-00

Service of the Deparlment of Correction.

For the salary of the comniistiioner
For personal services and expenses, including
not more than twentj'-five permanent po-
sitions .......

Total

Division of Classification of Prisoners:
For expenses of the division hereby author-
ized, including not more than eleven per-
manent positions; provided, that the per-
sons employed hereunder shall not be sub-
ject to civil service laws or the rules and
regulations made thereunder .

Parole Board:
For personal services and expenses, includ-
ing not more than forty-three permanent
positions ......

For the maintenance of and for certain
improvements at the following institu-
tions under the control of the Depart-
ment of Correction:

State farm, including not more than four
hundred and fifty-three permanent po-
sitions .......

State prison, including not more than one
hmadred and fifty-seven permanent po-
sitions .......

Massachusetts reformatory, including not
more than two hundred and one permanent
positions ......

Reformatory for women, including not more
than one hundred and twenty permanent
positions ......

State prison colony, including not more than
two hundred and twenty-three permanent
positions ......

$8,000 00

93,400 00
$101,400 00

$36,880 00

$168,385 00

Total

1,861,890 00

726,765 00

934,040 00

525,530 00

980,480 00
. $5,028,705 00

1901-01
1901-02

1901-22

Service of the Departmenl of Public Welfare.

Administration :

For the salary of the commissioner . . $8,000 00

For personal services and expenses, including
not more than thirty-six permanent po-
sitions 123,710 00

Total $131,710 00

Special :
For personal services and expenses in con-
nection with the federal program for dis-
tribution of surplus commodities; pro-
vided, that notwithstanding any other
provision of law persons employed here-
under shall not be subject to the civil serv-
ice laws or the rules and regulations made
thereunder, nor to the laws regarding
pensions and retirement, but their employ-
ment and salary rates shall be subject to
approval of the division of personnel and
standardization $10,105 00

Acts, 1949. — Chap. 307.

249

Item

1904-01

1906-01

1906-03

1907-01

Division of Aid and Relief:
For personal services and expenses, including
not more than one hundred and three per-
manent positions $300,740 00

Division of Child Guardianship:
For personal services and expenses, including

not more than two hundred and seven

permanent positions . . . . $611,300 00

For the care and maintenance of children,

including not more than two permanent

positions 2,999,690 00

Total $3,610,990 00

Tuition of Children :
For tuition in the public schools, including
transportation to and from school, of chil-
dren boarded by the department, for the
twelve months ending June tliirtieth, nine-
teen hundred "and forty-nine . . . $420,000 00

The following items are for reimbursement
of cities and towns, and are to be in addi-
tion to any unexpended balances of
appropriations heretofore made for the
purpose:

1907-05 For the payment of suitable aid to certain

dependent children .... $4,574,128 00

1907-07 For the burial by cities and towns of indigent

persons who have no legal settlement . 22,000 00

1907-08 For expenses in connection with smallpox
and other diseases dangerous to the public
health . . . . . . . 209,000 00

1907-09 For the support of sick indigent persons who

have no legal settlement . . . 400,000 00

1907-10 For temporary aid given by cities and towns
to indigent persons with no legal settle-
ment, and to shipwrecked seamen, and for
the transportation of indigent persons
under the charge of the department . 2,468,000 00

1907-11 For the settlement of certain claims of the
city of Boston involving temporary aid
given to indigent persons with no legal
settlement, with the approval of the at-
torney general ..... 116,653 65

Total $7,789,781 65

Division of Juvenile Training, Trustees of
Massachusetts Training Schools:
1908-01 This item included in item 0446-01.
1908-11 This item included in item 0446-01.
1908-31 This item included in item 0446-01.
1908-40 See item 0446-20.
1915-00 See item 0446-40.
1916-00 See item 0446-60.
1917-00 See item 0446-80.

Massachusetts hospital school :
1918-00 For the maintenance of the Massachusetts
hospital school, including not more than
one hundred and eighty-one permanent
positions ......

$654,915 00

250

Acts, 1949. —Chap. 307.

Item

1919-00

Tewksbury state hospital and infirmary:
For the maintenance of the Tewksbury state
hospital and infirmary, including not more
than six hundred and ninety-nine perma-
nent positions .....

,313,502 00

Service of the Department of Pvblie Health.

Administration :
2001-01 For the salary of the conunissioner . . $10,000 00
2001-02 For personal services of the health council
and office assistants, and for expenses, in-
cluding not more than twenty-seven per-
manent positions ..... 84,580 00

Division of Local Health Administration:
2002-01 For personal services of the director and
assistants, and district health officers, and
for expenses, including not more than
thirty-three permanent positions

149,275 00

Division of Cancer and Chronic Diseases:
2003-01 For personal services and expenses, includ-
ing not more than seventeen permanent
positions ......

108,516 00

Divnsion of Maternal and Child Health :
2004-01 For personal services and expenses, includ-
ing not more than twenty-two permanent
positions ......

86,660 00

Division of Communicable Diseases:
2005-01 For personal services of the director, epi-
demiologists, bacteriologists, and assistants
in the diagnostic laboratory and the Was-
sermann laboratory, and for expenses,
including not more than thirty-nine perma-
nent positions .....

133,450 00

Venereal Diseases:

2006-01 For personal services for the control of ve-
nereal diseases, including not more than
eight permanent positions . . . 26,415 00

2006-02 For services other than personal, traveUng
expenses, office suppHes and equipment,
including the cost of medicines, hospitaliza-
tion and clinics, to be in addition to any
amount heretofore appropriated for the
purpose; provided, that the maximum
rate to be paid for hospitalization shall
not exceed six dollars and fifty cents per
diem 264,800 00

Division of Biologic Laboratories:
2007-07 For personal services and expenses in the
investigation and production of antitoxin
and vaccine lymph and other specific ma-
terial for inoculation, diagnosis and treat-
ment, including not more than forty-six
permanent positions ....

162,620 00

Acts, 1949. — Chap. 307.

251

Item

2008-11

2009-01

2010-01

2012-01

For personal services and expenses for a
program for the production and utilization
of blood plasma and other products de-
rived from blood, including not more than
thirty-four permanent positions; provided,
that no charge shall be made for said prod-
ucts $407,060 00

Dental Health:
For personal services and expenses of the
division, including not more than six
permanent positions .... 33,925 00

Division of Hospital Inspection and Sur-
vey:
For personal services and expenses, including

not more than ten permanent positions . 60,780 00

Inspection of Food and Drugs:
For personal services of the director, analysts,
inspectors and other assistants, and for ex-
penses, including not more than thirty-two
permanent positions .... 122,700 00

Division of Sanitary Engineering:
2015-01 For personal services of the director,
engineers, chemists, clerks and other
assistants, including personal services for
administering the law relative to shellfish,
and for expenses, including not more than
fifty-five permanent positions .

Total

234,450 00
$1,885,230 00

Division of Sanatoria and Tuberculosis:
2020-01 For personal services and expenses of the
division, including certain diagnostic
clinics for tuberculosis, and including not
more than thirty permanent positions

$116,705 00

2020-03 For expenses of hospitalization of certain
patients suffering from chronic rheu-
matism, as authorized by section one
hundred and sixteen A of chapter one
hundred and eleven of the General Laws . 73,000 00

2020-11 To cover the payment of certain subsidies
for the maintenance of hospitals for
tubercular patients .... 365,000 00

Total $554,705 00

For the maintenance of and for certain
improvements at the sanatoria, as
follows:

2022-00 Lakeville state sanatorium, including not
more than two hundred and forty-two
permanent positions .... $751,490 00

2023-00 North Reading state sanatorium, including
not more than two hundred and sixteen
permanent positions .... 634,058 00

2024-00 Rutland state sanatorium, including not
more than two hundred and sixty-nine
permanent positions .... 847,351 00

252

Acts, 1949. — Chap. 307.

Item
2025-00

2031-00

Westfield state sanatorium, including not
more than two hundred and eighty-six
permanent positions .... $973,652 00

Total ?3,206,551 00

Pondville Hospital :
For maintenance of the Pondville hospital,
including care of radium, and including
not more than two hundred and thirty-
five permanent positions .... $684,571 00

Service of the Department oj Public Safety.

Administration :
2101-01 For the salary of the commissioner . . $8,000 00

2101-02 For personal services and expenses, includ-
ing not more than eighty-four permanent
positions . . I . . . 264,800 00

Total $272,800 00

Division of State Police:
2102-04 For expert assistance to the commissioner,
and for maintenance of laboratories, in-
cluding not more than nine permanent
positions ......

$41,850 00

Fire Prevention .Service:
2103-01 For personal services and expenses, including
not more than twenty-one permanent
positions ......

$110,656 00

Division of Inspection:

2104-01 For personal services and expenses, including

not more than one permanent position . $7,710 00

2104-11 For personal services of officers for the build-
ing inspection ser\nce, and for expenses,
including not more than thirty-three
permanent positions .... ].'")0,175 00

2104-21 For personal services of officers for the boiler
inspection service, and for expenses, in-
cluding not more than twenty-six per-
manent positions ..... 120,550 00

Board of Boiler Rules:
2104-31 For personal services and expenses, including
not more than four permanent positions .

Total

2,815 00

$281,250 00

State Boxing Commission :
2105-11 For personal services and expen.ses, including
not more than five permanent positions .

$18,685 00

Board of Standards:
2106-01 For personal services and expenses of the
board, including not more than seven
permanent positions ....

$6,000 00

Acts, 1949. — Chap. 307.

253

Item

2107-01

Board of Elevator Regulations:
For personal services and expenses of the
board, as authorized by chapter six
hundred and forty-three of the acts of nine-
teen hundred and forty-five, including not
more than seven permanent positions

$6,250 00

Board of Fire Prevention Regulations:
2108-01 For personal ser\dces and expenses of the
board, as authorized by chapter seven
hundred and ten of the acts of nineteen
hundred and forty-five, including not
more than six permanent positions .

$6,375 00

Service of the Department of Public Works.

Functions of the department relating to
waterways and public lands:

2202-03 For personal services of the director, cliief
engineer and assistants, and for expenses,
including not more than sixty-one perma-
nent positions; provided, that an amount
equal to the expenditures for personal
services properly chargeable to item 2202-
05, as certified by the director of the divi-
sion of waterways, shall be credited to the
General Fund as revenue . . . $197,025 00

2202-05 For the improvement, development, main-
tenance and protection of rivers and har-
bors, tidewaters and iforeshores within the
commonwealth, as authorized by section
eleven of chapter ninety-one of the General
Laws, and of great ponds, including the
entire cost of surveys and of the prepara-
tion of prelinunar\' plans for projects
proposed to be undertaken hereunder, and
any unexpended balance of the appropria-
tion for these purposes remaining on June
thirtieth, nineteen hundred and forty-nine
may be expended in the succeeding fiscal
year; provided, that all other expendi-
tures for work vnidertaken hereunder, in-
cluding the cost of engineering during
construction, shall be upon condition that
at least fifty per cent of the cost is covered
by contributions from municipalities or
other organizations and individuals, except
that in the case of dredging channels for
harbor improvements at least twenty-five
per cent of the cost shall be so covered . 150,000 00

2202-06 For the maintenance and repair of certain
property in the town of Plymouth, includ-
ing not more than two permanent positions 6,140 00

2202-07 For the operation and maintenance of the
New Bedford state pier, including not
more than nine permanent positions . 21,000 00

2202-20 For the care and maintenance of the province
lands and of the lands acquired and struc-
tures erected by the Provincetown ter-
centenary commission, including not more
than five permanent positions . . . 12,660 00

2202-21 For the compensation of dumping inspectors 1,000 00

254

Acts, 1949. — Chap. 307.

Item
2202-22

2202-23

For re-establislung and permanently marking

certain triangulation points and stations,

as required by order of the land court in

accordance with section thirty-t;.:c:e of

chapter ninety-one of the General I ;a>vs . $1,000 00

For expenses of surveying certain town

boundaries, by the department of public

works 300 00

Total $389,125 00

Service of the Department of Public Utilities.

2301-01 For personal services of the commissioners,
including not more than five permanent
positions $41,000 00

2301-02 For personal services and expenses, including
not more than seventy-one permanent
positions 276,015 00

Total $317,015 00

Special Investigations:

2301-09 For personal services and expenses of hear-
ings and special investigations, including
legal assistants and stenographic services
as needed; provided, that no salaries or
expenses of permanent employees shall be
charged to this item .... $12,530 DO

2301-10 This item omitted.

Commercial Motor Vehicle Division:
2304-01 For personal services and expenses, including
not more than thirty-one permanent po-
sitions $114,382 00

Sale of Securities:
2308-01 For personal services and expenses, including

not more than nine permanent positions . $30,802 00

Interest on the Public Debt.

2410-00 For the payment of interest on the direct
debt of the commonwealth, for the year
nineteen hundred and fifty and previous
years, to be in addition to the amounts
appropriated in items 2951-00, 3180-02
and 3590-02, and to be in addition to any
amounts heretofore appropriated for the
purpose ......

$565,140 00

2420-00

2601-01
2501-02

2805-01

Requirements for Extinguishing the State Debt.

For certain serial bonds maturing during the
year nineteen hundred and fifty, to be in
addition to the amounts appropriated in
items 2952-00, 3180-01 and 3590-03 . $3,265,000 GO

Unclassified Accounts and Claims.

For the payment of certain annuities and
pensions of soldiers and others under the
provisions of certain acts and resolves .

$18,000 00

Acts, 1949. — Chap. 307.

265

Item
2805-02

2811-02

2811-03
2820-02

2820-04

2820-06

For payment of any claims, as authorized by
section eiglity-nine of chapter thirty-two
of the General Laws, for allowances to the
families of certain employees killed or fa-
tally injured in the discharge of their duties $15,000 00

For the compensation of veterans who may
be retired by the governor under the pro-
visions of sections fifty-six to fifty-nine, in-
clusive, of chapter thirty-two of the Gen-
eral Laws . . . . . . 475,000 00

For the compensation of certain prison officers
and instructors formerly in the service of
the commonwealth, now retired . . 66,000 00

For small items of expenditure for which no
appropriations have been made, and for
cases in which approptiations have been
exhausted or have reverted to the treasury
in previous years ..... 10,000 GO

For the compensation of certain public em-
ployees for injuries sustained in the course
of their employment, for the year nineteen
himdred and fifty and for previous years,
as provided by section sixty-nine of chap-
ter one hundred and fifty-two of the Gen-
eral Laws; provided, that the comptroller
shall transfer to the General Fund the sum
of forty thousand dollars from the Highway
Fund 160,000 00

For reimbursement of persons for funds pre-
viously deposited in the treasury of the
commonwealth and escheated to the com-
monwealth 5,000 00

Total $749,000 00

Purchase of Motor Vehicles.

2820-32 For the purchase by the state purchasing
agent of motor vehicles for which funds are
not otherwise available. Motor vehicles
purchased under this item are to be allo-
cated, with the approval of the commission
on administration and finance, to the vari-
ous departments and agencies of the com-
monwealth, and transfers of the sums re-
quired for said purchases are to be author-
ized by said commission from the amount
herein appropriated to appropriations made
for the services of said departments and
agencies . . .

$360,000 00

Rental of State Offices.

2820-33 For rental of office space outside of the state
house, including the cost of moving and
expenses incidental thereto, the sum of ten
thousand dollars is hereby appropriated
and made available for transfer, with the
approval of the commission on administra-
tion and finance, to appropriations where
the amounts otherwise available are in-
sufficient for the purpose

$10,000 00

256

Acts, 1949. — Chap. 307.

The Following Appropriations are made from the Highway Fund;

Item

2900-01

Service of the Department of Public Works.

For the salaries of the commissioner, and the
associate commissioners, including not
more than three permanent positions

Functions of the department relating to
highways:

2900-02 For personal services and expenses of admin-
istrative and engineering work performed
in connection with all highway activities;
for personal services and expenses of the
department secretary and department
business agent; for the payment of dam-
ages caused by defects in state highways,
with the approval of the attorney general;
and of the amount herein appropriated the
sum of eighty-six dollars and sixty-two
cents is made available for reimbursement
of a certain cash advance loss .

2900-04 For the maintenance and repair of state high-
ways and bridges, to be in addition to any
amount heretofore appropriated for the
purpose, and to include the cost of snow
and ice control on state highways and town
roads, and for the maintenance of traffic
signs and signals; for personal services and
expenses of work for which the highway
fund is reimbursed, other than work in
connection with projects included in fed-
eral aid programs; for the cost, not exceed-
ing seventy-five thousand dollars, of in-
creasing the inventory held in storerooms
of the department; and for the payment
of personal services and expenses in connec-
tion with the purchase, construction and
repair of shelters for departmental equip-
ment and material, the cost of which is less
than ten thousand dollars for each project

2900-10 For projects for the construction and recon-
struction of highways and bridges, includ-
ing the ehmination of grade crossings,
which have been approved by the proper
federal authorities to be included in federal
aid programs, and for land damages in con-
nection with such projects; provided, that
any portion of the sum herein appropriated
may also be used for said federal aid proj-
ects in conjunction with city or town fimds,
to be in addition to any amoimt heretofore
appropriated for the purpose .
2900-12 For projects for improving state highways
and through routes, including bridges, and
including construction and reconstruction,
for the year nineteen hundred and fifty and
the previous year, to be in addition to any
amounts heretofore appropriated for the
purpose, it being the intent of the general
court that state highways shall be made
continuous whether or not the sections to
be made state highways require construc-
tion work ; and, upon agreement with city

$20,500 00

6,000.000 00

7,000,000 00

10,000,000 00

Acts, 1949. — Chap. 307.

257

Item

2900-17

2900-18

2900-45

or town officials, for construction of needed
improvements on other through routes not
designated as state highways and without
acceptance by the commonwealth of re-
sponsibility for maintenance; provided,
that no portion of the sum herein appro-
priated shall be used, whether or not in
conjunction with city or town funds, for
projects which can be included in federal
aid programs $1,000,000 00

For projects for the construction and main-
tenance of town and county ways, as pro-
vided in subdivision two (a) of section
thirty-four of chapter ninety of the Gen-
eral Laws; provided, that amounts appro-
priated for this purpose in any fiscal year
shall be available for expenditure in the
succeeding fiscal year; and, provided fur-
ther, that not less than three hundred thou-
sand dollars of the sum herein appropriated
shall be available for maintenance projects
on said town and county ways . . 3,000,000 00

For aiding towns in the repair and improve-
ment of public ways as provided in section
twenty-six of chapter eighty-one of the
General Laws under the terms provided in
item 2900-18 of section five of chapter six
hundred and eighty-nine of the acts of nine-
teen hundred and forty-five . . . 2,080,000 00

For personal services and expenses in the
office of the commissioner, including tele-
phone service in the public works building,
and including not more than twenty-one
permanent positions .... 95,000 00

Specials :

2900-50 ) The existence of the public works stores and
55 J equipment account, established by items
2900-50 and 2900-55 of section two of
chapter sixty-eight of the acts of nineteen
hundred and forty-three, is hereby con-
tinued for the year nineteen hundred and
fifty under the terms and conditions pre-
scribed by said items of said chapter sixty-
eight; provided, that the total amount to
be expended for capital outlay for the pur-
chase of equipment from this account in
the year nineteen bundled and fifty shall
not exceed one milUon one hundred thou-
sand dollars; and the sum of five hundred
thousand dollars is hereby appropriated,
to be in addition to any amounts otherwise
available for this purpose

2000-62 For expenses of construction of certain small
garages; provided, that expenditures for
such construction shall not be subject to
the provisions of chapter ninety-two A of
the General Laws .....

500,000 00

154,000 00

Public Works Building:
2900-80 For personal services and expenses of opera-
tion and maintenance of the public works
building, including not more than eighty
permanent positions ....

300,000 00

258

Acts, 1949. — Chap. 307.

Item
2961-00

For the compensation of former employees of
the department of pubhc works, now re-
tired, as authorized by chapter four hun-
dred and three of the acts of nineteen hun-
dred and forty-eight .... $15,000 00

Total $30,164,500 00

Registration of Motor Vehicles:
2924-01 For personal ser\aces, including not more
than seven hundred and thirty-seven per-
manent positions $2,112,240 00

2924-02 For services other than personal, including
traveling expenses, purchase of necessary
supplies and materials, including cartage
and storage of the same, and for work inci-
dental to the registration and licensing of
owners and operators of motor vehicles . 644,800 00
2924-03 For printing and other expenses necessary in
connection with publicity for certain safety
work 10,000 00

Total $2,767,040 00

Service of the Metropolitan District Commission.

The following items are to be paid with the
approval of the Metropolitan District
Commission :

2931-00 For personal services and expenses of general
administration, including not more than
fifty-eight permanent positions; proiHded,
that the comptroller shall transfer to the
Highway Fund the sum of one hundred and
fifty-one thousand six hundred and sixty
dollars from the Metropohtan District
Commission Funds, to be assessed by
methods fixed by law . . . . $202,210 00

2931-04 For the construction, reconstruction and im-
provement of boulevards and parkways,
including bridges, and including the resur-
facing and repairing thereof, to be in addi-
tion to anv amount heretofore appropriated
for the purpose 2,023,000 00

Special :

2931-19 For expenses in connection with the water-
proofing of the metropohtan district com-
mission building; provided, that the
comptroller shall transfer to the Highway
Fund the sum of seven thousand five hun-
dred dollars from the Metropohtan District
Commission Funds, to be assessed by
methods fixed by law ....

2932-01 For the maintenance of boulevards and
parkways, including the installation of
traffic lights and including Bunker Hill and
the property adjacent, and for the main-
tenance of parks reservations and the
Charles River Basin, including the retire-
ment of veterans under the provi^■ions of
the General Laws; provided, that the
comptroller shall transfer to the Highway

10,000 00

Acts, 1949. — Chap. 307.

25^

Item

Fund the sum of eighteen thousand seven
hundred dollars from the General Fund,
and the sum of one million four hundred
and eighty thousand dollars from the
Metropolitan District Commission Park
Funds, to be assessed by methods fixed by
law .......

Total . . . ...

$3,758,725 00
$5,993,935 00

Interest on the Public Debt.

2951-00 For the payment of interest on the direct
debt of the commonwealth, for the year
nineteen hundred and fifty and previous
years, to be in addition to the amounts
appropriated in items 2410-00, 3180-02
and 3590-02, and to be in addition to any
amounts heretofore appropriated for the
purpose • .

$1,480 00

Requirements for Extinguishing ihe State Debt.

2952-00 For certain serial bonds maturing during the
year nineteen hundred and fifty, to be in
addition to the amounts appropriated in
items 2420-00, 3180-01 and 3590-03 .

$8,500 00

2970-04

2970-05
2970-11

2970-12

2970-15

Service of the Department of Public Safety.

Division of State Police:

For personal services and expenses of the
division, including not more than four hun-
dred and ninety permanent positions

This item included in item 2970-04.

For the compensation of state police officers
formerly in the service of the common-
wealth, now retired ....

This item included in item 2970-04.

Total . . . . .

Special:
For the completion of certain radio control
lines .......

The comptroller is hereby authorized to
transfer to the Highway Fund the sum
of five hundred and fifty thousand
dollars from the General Fund and
thirty thousand dollars from the Old Age
Assistance Fund on account of the above
five items.

$2,057,465 00

55,000 00

?, 112,465 00

$36,000 00

The Following AppROPRiATioNa are made from the Port of
Boston Fund:

Port of Boston Authority :
3140-01 For personal services, including not more
than fifty-eight permanent positions, and
other expenses of administration, including
the cost of advertising and of maintenance
of certain offices outeide of the common-

260

Acts, 1949. — Chap, 307.

Itam

3150-01

3180-01

3180-02

wealth and of the cost of engineering; pro-
vided, that no compensation or expenses of
consultants for legal services shall be
chargeable to this item; and provided
further, that the position of executive
secretary shall not be subject to the civil
service laws and regulations made there-
under $306,790 00

For personal services, including not more than
sixty-five permanent positions, and for
other expenses as required for the opera-
tion and maintenance of property under
the control of the authority, including the
cost of certain reconstruction and repairs 280,980 00

Requirements for Extinguishing the State
Debt:
For certain serial bonds maturing during the
year nineteen hundred and fifty, to be in
addition to the amovmts appropriated in
items 2420-00, 2952-00 and 3590-03 . . 505,000 00

Interest on the Public Debt:
For the payment of interest on the direct debt
of the commonwealth, for the year nineteen
hundred and fifty and previous years, to be
in addition to the amounts appropriated
in items 2410-00, 2951-00 and 3590-02,
and to be in addition to any amounts here-
tofore appropriated for the purpose . . 158,631 25

Total $1,251,401 25

The Following Appropriations are made from the Inland
Fisheries and Game Fund:

Service of the Department of Conservation.

Division of Fisheries and Game:
3304-01 For personal services and expenses, including

not more than eleven permanent positions $49,321 00
3304-06 For expenses of the board, as authorized by

chapter six hundred and fifty-one of the

acts of nineteen hundred and forty-eight . 2,500 00

3304-21 This item included in item 3304-01.

Propagation of game birds, etc. :
3304-31 For personal services and expenses at game
farms and fish hatcheries, including not
more than twenty-six permanent positions 348,457 00

3304-35 See item 3304-61.
3304-41 See item 3304-62.

Specials:

3304-42 For the improvement and management of

lakes, ponds and rivers .... 15,000 00

3304-43 This item omitted.

3304-44 For the contribution of the department of
conservation towards a wild life co-opera-
tive research project, in accordance with a
contract with the federal government, to
be expended by the university of Massa-
chusetts 6,000 00

Acts, 1949. — Chap. 307.

261

Item
3304-45

3304-51
3304-53

3304-54

3304-56

3304-61

3304-62

For expenses of providing for the establish-
ment and maintenance of pubUc fishing
grounds; provided, that none of the money
appropriated under this item shall be used
for the purchase of land .... $10,000 00

Division of Wild Life Research and Man-
agement (It is hereby provided that
federal funds received as reimbursements
under the following items are to be
credited as income to the Inland Fisher-
ies and Game Fimd) :
For personal services and expenses, including

not more than four permanent positions . 40,285 00

For expenses of establishing and conducting

co-operative wild hfe restoration projects,

as authorized by chapter three hundred

and ninety-two of the acts of nineteen hun-
dred and thirty-eight, including not more

than five permanent positions . . 116,485 00

Specials :
For the cost of certain work in connection

with the improvement of streams and bird

cover, including increasing the supply of

feed for game birds .... 10,000 00

For consultants and other personal services,

and for expenses, in connection wath a

biological survey of the streams and waters

of the commonwealth, to be made under

the direction of the commissioner of con-
servation 12,876 00

Division of Law Enforcement:

For the payment of damages caused by wild
deer and wild moose, for the year nineteen
hundred and fifty and previous years, as
provided by law 13,000 00

For personal services and expenses of super-
vision of public fishing and hunting grounds 6,200 00

Total $630,124 00

The Following Appropriations are payable from the Veterans'
Services Fund:

Services of the Adjutant General.

3504-21 For personal services and other expenses in
connection with the operation of the war
records project, so-called . . . $21,370 00

3504-25 For expenses of the United Spanish War
veterans, as authorized by chapter three
hundred and eleven of the acts of nineteen
hundred and forty-six .... 1,500 00

Total $22,870 00

Service of the Soldiers' Home in Massachusetts.

3504-30 For the maintenance of the Soldiers' Home in
Massachusetts, with the approval of the
trustees thereof, including not more than
five hundred and thirteen permanent posi-
tions $1,711,090 00

262

Acts, 1949. — Chap. 307.

Item
3504-41

3604-42

Service of the Commissioner of Veterans' Services.

For personal services of the commissioner

and deputies, including not more than

three permanent positions . . . $15,955 00

For personal services and expenses of the

office of the commissioner, including not

more than sixty-two permanent positions . 214,480 00

Total

$230,435 00

Service of the State Housing Board.

3504-47 For reimbursement to certain cities and
towns, as provided by chapter two hundred
of the acts of nineteen hundred and forty-
eight, as amended $1,300,000 00

3504-48 For reimbursement to certain cities and
towns, as pro\aded by chapter three hun-
dred and seventy-two of the acts of nine-
teen hundred and forty-six, as amended . 350,000 00

3504-50 For personal ser\dces and expenses, including
not more than nine permanent positions;
provided that all compensation and ex-
penses for legal services shall be by direc-
tion and imder the control of the Attorney
General 810,893 00

Total . . . . . . $2,460,893 00

For Expenses on Account of War.

3504-52 For reimbursing cities and towns for money
paid for veterans' benefits, as provided in
section six of chapter one hundred and
fifteen of the General Laws, as appearing
in section one of chapter five hundred and
eighty-four of the acts of nineteen hundred
and forty-six $2,600,000 00

3504-63 For reimbursing cities and towns for money
paid on account of war allowance, state
and military aid and soldiers' reUef to cer-
tain residents of the commonwealth and
their dependents, as authorized by chapter
eleven of the acts of the special session of
nineteen himdi-ed and forty-two . . 6,000 00

Total , $2,505,000 00

Service of the Treasurer and Receiver General.

3506-21 For personal services and other expenses of
the treasurer and receiver general in con-
nection with the payment of the veterans'
bonus, so called, as authorized by chapter
seven hundred and tliirty-one of the acts of
nineteen hundred and forty-five, as
amended ......

3606-22 For making payments to soldiers in recogni-
tion of service during World War I and the
Spanish War, as provided by law

$45,840 00

1,000 00

Acts, 1949. -- Chap. 307.

26a

Item
3506-31

P'or personal services and expenses of the
veterans' bonus appeal board, so called,
as authorized by section five of chapter
five hundred and eighty-one of the acts of
nineteen hundred and forty-six

Total

$10,560 00
$57,400 00

Service of the Attorney General's Department.

3508-01 P\)r the cost of providing certain legal assist-
ance for the benefit of veterans, their
wives and dependents ....

820,000 00

Service of the Department of Education.

3513-01 For assistance to children of certain war
veterans, for the year nineteen hundred
and fifty and for previous years, as author-
ized b}"^ section seven B of chapter sixty-
nine of the General Laws and corresponding
provisions of earUer laws . . . $37,500 00

3513-05 For the payment of retirement assessments of
teachers formerly in military or naval serv-
ice, as authorized by section nine of chap-
ter seven hundred and eight of the acts of
nineteen hundred and forty-one as amended 5,000 00

3513-22 For personal services and expenses required
in connection with furnishing certain edu-
cational services to certain war veterans,
including the establishment and operation
of regional educational centers in the com-
monwealth .;.... 155,200 00

Total . . . . . . $197,700 00

Service of the Department of Labor and Industries.

Di\ision of Apprentice Training:
3516-01 For personal services and expenses of the
division of apprentice training in connection
with the carrying out of a certain program
in connection wath the federal govern-
ment, including not more than eight per-
manent positions; provided, that the
comptroller shall transfer to the Veterans'
Services Fund the sum of forty-tv/o thou-
sand five hundred and seventy dollars from
the General Fund $129,000 00

Interest on the Public Debt.

3590-02 For the payment of interest on the direct
debt of the commonwealth, for the year
nineteen hundred and fifty and previous
years, to be in addition to the amounts
appropriated in items 2410-00, 2951-00
and 3180-02, and to be in addition to any
amounts heretofore appropriated for the
purpose . ...

$937,000 00

264

Acts, 1949. — Chap. 307.

Item
3590-03

Requirements for Extinguishing the State Debt.

For certain serial bonds maturing during the
year nineteen hundred and fifty, to be in
addition to the amounts appropriated in
items 2420-00, 2952-00 and 3180-01 . $13,600,000 00

The

Following Appropriations are payable from Revenue

CREDITED TO THE OlD AgE ASSISTANCE FuND:

Service of the Alcoholic Beverages Control Commission.
3604-01 For personal services and expenses, including

$188,707 00

not more than forty-five permanent po-
sitions

Service of the State Racing Commission.

3604-11 For personal services and expenses, including
not more than nine permanent positions;

f>rovided, that fees paid to veterinarians
or services in connection with horse racing
shall not exceed twenty-five dollars per
diem, and in connection with dog racing,
shall not exceed ten dollars per diem .

$163,680 00

Service of the Department of Public Welfare.

3619-01 For personal services and expenses required
for the administration of old age assistance,
as provided by chapter one hundred and
eighteen A of the General Laws, including
not more than one hundred and seventy-
eight permanent positions; provided, that
any revenue resulting from the activities
herein authorized shall be credited to the
Old Age Assistance Fund . . . $491,000 00

3625 For reimbursement to cities and towns for

old age assistance for the year nineteen

hundred and fifty and for previous years . 27,000,000 00

3626 Notwithstanding the provisions of section

ten of chapter sixty-four B of the General
Laws regulating payments from receipts
under said chapter to cities and towns,
heretofore made without appropriation, a
sum not exceeding one million six hundred
and seventy thousand dollars is hereby
appropriated from the Old Age Assistance
Fund for such payments, and the total
amounts to be paid by the state treasurer,
on or before November twentieth, nineteen
hundred and forty-nine, from the sum
herein appropriated, shall be not less than
nine hundred thousand dollars

Total

1,670,000 00
$29,161,000 00

Acts, 1949. — Chap. 307. 265

The Following Appropriation is payable from the Agricultural
Purposes Fund:

Item

Service of the Department of Agriculture.

Division of Plant Pest Control and Fairs:
3809-21 For state prizes and agricultural exhibits,
including allotment of funds for the 4-H
activities $70,000 00

The Following Appropriations are payable from the Mosquito
Control Fund:

Service of the State Reclamation Board.

3901 For the maintenance and construction of
drainage ditches, as authorized by chapter
three hundred and seventy-nine of the
acts of nineteen hundred and thirty, as
amended by section one of chapter two
hundred and fifty of the acts of nineteen
hundred and thirty-five, to be assessed in
the calendar year nineteen hundred and
forty-nine $44,646 00

3915 For the maintenance and construction of

drainage ditches, as authorized by chapter
four hundred and fifty-six of the acts of
nineteen hundred and forty-five, to be
assessed in the calendar year nineteen hun-
dred and forty-nine .... 54,332 00

Total $98,978 00

The Following Appropriations are payable from the Parks and
Salisbury Beach Reservation Fund:

Service of the Department of Conservation.

Division of Parks and Recreation:
4011 For personal services and expenses, including

not more than seven permanent positions . $105,945 00
4013 For personal services and expenses of recrea-

tional opportunities in state forests . . 89,935 00

4021 For the maintenance of Standish monument

reservation 3,190 00

Salisbury Beach Reservation:
4031 For the maintenance of Salisbury beach reser-

vation, including not more than one perma-
nent position ..... 50,015 00

Total $249,085 00

The Following Appropriation is payable from the Smoke In-
spection Fund:

Service of the Department of Public Utilities.

Division of Smoke Inspection:
4311 For personal services and expenses, including

not more than twelve permanent positions $42,830 00

266

Acts, 1949. — Chap. 307.

The Following Appropriations are payable from the Prison
Industries Fund:

Item
4401

4411

4511

4611
4711

Service 0/ the Department of Correction.

For salaries of persons employed in the de-
partment of correction in certain super-
visory and administrative work in prison
industries, including not more than seven
permanent positions, for the year nineteen
hundred and fifty and the previous year;
provided, that oi the amount herein ap-
propriated the proportions properly charge-
able to the prison industries fund at the
Massachusetts reformatory, the reforma-
tory for women, the state prison and the
state prison colony shall be determined by
the comptroller $30,540 00

For salaries of persons employed in industries
at the Massachusetts reformatory, includ-
ing not more than twenty-five permanent
positions 79,880 00

For salaries of persons employed in industries
at the reformatory for women, including
not more than thirteen permanent posi-
tions 37,895 00

For salaries of persons employed in industries
at the state prison, including not more than
twenty-nine permanent positions . . 89,800 00

For salaries of persons employed in indus-
tries at the state prison colony, including
not more than twenty-seven permanent
positions 90,600 00

Total ... . . . $328,715 00

Metropolitan District Commission Fxjnds.

The following appropriations are to be
assessed upon the several districts in
accordance with the methods fixed by
law, unless otherwise provided, and to be
expended under the direction of the
metropolitan district commission:

Metropolitan Parks, General.

8602-27 For the cost of suppressing gypsy moths,

including certain equipment . . . $15,000 00

8602-37 For the expenses of holding band concerts . 25,000 00

Specials: '
8602-66 For repairs and construction of additions to

the existing shore protection, Quincy shore

reservation 25,000 00

8602-70 For repairs to bath houses at Revere and

Nahant beaches 7,500 00

8602-71 For repairs to landing floats, Charles river . 1,600 00

8602-72 For rebuilding landing at Brooks Street,

Brighton 3,000 00

8602-73 For certain construction and playground

equipment at Beaver Brook . . . 9,400 00

8602-75 For repairs to boat landing on Charles River,

Memorial Drive 12,000 00

Acts, 1949. — Chap. 307.

267

Item
8602-76

8602-77

For the installation of a drainage system and

certain repairs at Gerry's Landing . . $2,500 00

For the construction of ski slopes at Blue

HiUs 65,000 00

Charles River Basin.

Specials:
8607-29 This item omitted.
8607-30 For certain repairs to fence, Charles River

Dam ...,..,

$6,000 00

Metropolitan Parks, Nantasket Beach.

Specials:
8611-26 For certain repairs to sea wall at Nantasket

beach $2,000 00

8611-27 For certain repairs to police barracks at

Nantasket beach 2,000 00

8611-28 For expenses of demolishing chimney at

Nantasket beach hotel .... 500 00

8611-29 For expenses of removing old hulk . . 1,000 00

8611-30 For replacing certain wiring at Nantasket

hotel 1,800 00

8611-31 For certain plumbing repairs to sanitaries . 3,500 00

Metropolitan Sewerage, North System.

8802-00 For the maintenance and operation of a
system of sewage disposal for the north
metropolitan sewerage district, including
retirement of veterans under the provisions
of the General Laws .... $817,260 00

Specials:

8802-37 For certain engine repairs, Charlestown . 5,150 00

8802-38 For certain wiring repairs, East Boston . 7,000 00

8802-39 For retubing certain boilers, East Boston . 5,800 00
8802-40 For the replacement of piles and repairs to

the wharf, East Boston .... 8,000 00
8802-42 For replacement of certain deep water lines,

Deer Island 12,000 00

8802-43 For replacement of certain roofs, Deer Island 7,870 00

Metropolitan Sewerage, South System.

8807-00 For the maintenance and operation of a
system of sewage disposal for the south
metropolitan sewerage district, including
retirement of veterans under the pro-
visions of the General Laws

Special:
8807-41 For the installation of a diesel generator,
Squantum ......

$508,585 00
5,150 00

Metropolitan Water System.

8902-00 For the maintenance and operation of the
metropolitan water system, including re-
tirement of veterans under the provisions
of the General Laws . . . .

$2,168,895 00

Acts, 1949. — Chap. 307.

Item

Specials (to be included as a part of the
cost of maintenance of the metropolitan
■water system) :
8902-22 For emergency repairs to water mains . $10,000 00

8902-24 For payment to the county commissioners
of Worcester county of certain assessments
upon the former town of Dana . . 500 00

8902-34 For the construction of additions and im-
provements to certain supply and dis-
tribution mains, to be in addition to any
amount heretofore appropriated for the

purpose 750,000 00

8902-36 For the purchase of certain pipe and valve
stock, for the year nineteen hundred and
fifty and previous years . . . . 50,000 00

8902-56 For the resurfacing of certain roads, Quabbin 40,000 00

8902-61 For the installation of a pump, Spot Pond . 25,500 00

8902-62 For repairs to a turbine generator, and for
the installation of a new generator, Spot

Pond 9,000 00

8902-63 For the building of a certain steam line,

Chestnut Hill 10,000 00

Section 3. No payment shall be made or obligation
incurred under authority of any special appropriation made
by this act for construction of public buildings or other
improvements at state institutions until plans and specifica-
tions have been approved by the governor, unless otherwise
provided by such rules and regulations as the governor may
make.

Section 4. No moneys appropriated under this act shall
be expended for reimbursement for the expenses of meals
for persons while traveling within the commonwealth at
the expense thereof, unless such reimbursement is in ac-
cordance with rules and rates which are hereby authorized
to be established from time to time by the commission on
administration and finance.

Section 5. The allowance to state employees for ex-
penses incurred by them in the operation of motor vehicles
owned by them and used in the performance of their official
duties shall not exceed five and one half cents a mile.

Section 6. Amounts included for permanent positions
in sums appropriated in section two for personal services
are based upon schedules of permanent positions and salary
rates as approved by the joint committee on ways and
means, and, except as otherwise shown by the files of said
committee, a copy of which shall be deposited with the
division of personnel and standardization, no part of sums
so appropriated in section two shall be available for payment
of salaries of any additional permanent positions, or for
payments on account of reallocations of permanent positions,
or for payments on account of any change of salary range or
compensation of any permanent position, notwithstanding
any special or general act to the contrary.

Section 7. In addition to the pajmaent of regular sala-
ries, sums appropriated for personal services in the fiscal
year nineteen hundred and fifty shall be available for the

Acts, 1949. — Chap. 307. 269

pajonent of such other forms of compensation as may be
due under existing statutes, or under the provisions of rules
and regulations made in accordance with said statutes.

Section 8. On and after the effective date of this act,
charges to state employees for maintenance shall be made
in accordance with rules and regulations as established by
the commission on administration and finance.

Section 9. All federal subventions and grants available
to the commonwealth under any act of Congress and not
otherwise authorized to be received shall be paid into the
treasury of the commonwealth; provided, however, that
applications for such subventions and grants, and for trans-
fers within such subventions and grants, shall be subject
to the approval of the commission on administration and
finance. All federal subventions and grants received by the
commonwealth may be expended without specific appro-
priation if such expenditures are otherwise in accordance
with law.

All income, including federal subventions and grants,
received by the commonwealth from or on account of vet-
erans in payment for veterans' services, shall be credited to
the veterans' services fund.

Section 10. Notwithstanding the provisions of section
fifty-one of chapter thirty of the General Laws, or any
other provision of law, the state purchasing agent is hereby
authorized during the fiscal year nineteen hundred and fifty
to incur liabilities and incidental expenses for the purchase
of supplies, as provided by said section fifty-one, including
material to be disposed of as surplus, so called, by the
federal government through agencies of the federal govern-
ment, in an amount not exceeding three hundred and fifty
thousand dollars, in addition to any amount heretofore
provided for the purpose, and the comptroller may certify
for payment such incidental expenses and liabilities so in-
curred to an amount not exceeding three hundred and fifty
thousand dollars, in addition to any amount heretofore
provided for the purpose.

Section 11. The effective date of the appropriation
accounts, subsidiary accounts and authorizations in this
act shall be July first, nineteen hundred and forty-nine.
However, beginning June first, nineteen hundred and forty-
nine, obligations may be incurred against these appropria-
tion accounts or subsidiary accounts, if any, thereunder,
for items to be delivered or for services to be rendered on
and after July first, nineteen hundred and forty-nine; pro-
vided, they are in accordance with law and the amounts
thereof do not exceed the amount of the appropriation
account or subsidiary account. Where the allotment of an
appropriation account or subsidiary account is a condition
precedent to expenditure, the obligations shall not exceed
the amount allotted for said appropriation account or
subsidiary account. The certified copies of the schedules as
provided for in General Laws, chapter twenty-nine, section

270 Acts, 1949. — Chap. 308.

twenty-seven, as amended by chapter six hundred and thirty-
six of the acts of nineteen hundred and forty-seven, shall be
filed with the comptroller and the budget commissioner to
permit the effective operation of this section on June first,
nineteen hundred and forty-nine. Where the allotment of
an appropriation account or subsidiary account is required
by law, allotments shall be made to permit the effective
operation of this section on June first, nineteen hundred
and forty-nine.

Section 12. The budget commissioner is hereby directed
to send a copy of sections three to eleven, inclusive, of this
act to each departmental, divisional and institutional head
immediately following the passage of this act.

Section 13. Sections one to ten, inclusive, of this act
shall take effect on July first, nineteen hundred and forty-
nine, and section eleven thereof shall take effect on June
first, nineteen hundred and forty-nine.

{This bill was returned May 20, 1949, by the governor
to the house of representatives, the branch in which said
bill originated, with his objections to Item 2501-01 and
Item 2501-02.

The vote being taken May 23, 1949, on the passage of
said items, the objections of the governor thereto were
sustained, the house having refused, in each instance, to
pass the item. The remainder of the bill was approved by
the governor May 20, 1949.)

Chap.SOS An Act making appropriations for the fiscal year

ENDING JUNE THIRTIETH, NINETEEN HUNDRED AND FORTY-
NINE, TO PROVIDE FOR SUPPLEMENTING CERTAIN EXISTING
APPROPRIATIONS, AND FOR CERTAIN NEW ACTIVITIES AND
PROJECTS.

Be it enacted, etc., as follows:

Section 1. To provide for meeting deficiencies in certain
appropriations previously made, and for certain new activi-
ties and projects, the sums set forth in section two, for the
several purposes and subject to the conditions specified in
said section, are hereby appropriated for the current fiscal
year from the general fund or ordinary revenue of the com-
monwealth, unless some other source of revenue is expressed,
subject to the provisions of law regulating the disbursement
of public funds and the approval thereof, the sums so appro-
priated to be in addition to any amounts at present available
for the purposes.

Section 2.

Service of the Legislative Department.
Item
0101-08 For suoh additional clerical assistance to, and
with the approval of, the clerk of the house
of representatives, as may be necessary for

Acts, 1949. — Chap. 308.

271

Item

the proper despatch of public business, in-
cluding not more than three permanent
positions $200 00

0101-26 For payment to the widow of a deceased
member of the house of representatives, as
authorized by chapter thirty-seven of the
resolves of nineteen hundred and forty-
eight 400 00

0102-01 For traveling and such other expenses of the
committees of the general court as may be
authorized by order of either branch of the
general court ..... 3,450 00

0102-04 For expenses in connection with the publica-
tion of the bulletin of committee hearings
and of the daily list, with the approval of
the joint committee on rules, including not
more than one permanent position . . 8,500 00

0102-06 For office and other expenses of the com-
mittee on rules on the part of the senate . 760 00

0102-09 For office and other expenses of the com-
mittee on rules on the part of the house . 1,000 00

0102-11 For contingent expenses of the senate and
house of representatives, and necessary ex-
penses in and about the state house, with
the approval of the sergeant-at-arms, for
the year nineteen hundred and forty-nine
and previous years .... 3,050 00

0102-12 For telephone service .... 2,500 00

0102-13 For biographical sketches of certain state

and federal officials .... 391 07

0102-17 For certain expenses of the senate clerk's

office 200 00

0102-25 For expenses of the joint committee on ways
and means, as authorized by a joint order
of the general court .... 1,000 00

0102-28 For expenses of the house committee on ways

and means 2,000 00

0102-53 Notwithstanding any provision of law to the
contrary, the sum of two hundred and
fifty-eight dollars and ninety-three cents
may be expended for a certain investiga-
tion and study, as authorized by an order
adopted on June eighteenth, nineteen hun-
dred and forty-eight by the house of repre-
sentatives . . .

Total

0225 The unexpended balance remaining in item

0224 as appropriated in section two of
chapter six hundred and sixty-nine of the
acts of nineteen himdred and forty-eight
is hereby reappropriated, transferred and
made available for the purposes of a com-
mission to investigate and study the con-
tinuation of transportation service in the -
areas served Jay the Old Colony Division
of the New York, New Haven and Hartford
Railroad Company, and related matters,
as authorized by a resolve of the current
year.

Service of the Jvdicial Department.

Superior Court, as follows:
0302-02 For traveling allowances and expenses . S2,350 00

258 93

$23,710 00

272

Acts, 1949. — Chap. 308.

Item
0302-04

0308-02

For clerical work, inspection of records and
doings of persons authorized to admit to
bail, for an executive clerk to the chief
justice, and for certain other expenses
incidental to the work of the court . . $250 00

Total $2,600 00

Service of the Land Court.

For engineering, clerical and other personal
services, including not more than twenty-
nine permanent positions . . . $900 00

Service of the District Attorneys.

0310-09 For traveling expenses necessarily incurred
by the district attorneys, except in the
Suffolk district, including expenses incurred
in previous years .....

$1,000 00

Service of the Executive Department.

0401-21 For travel and expenses of the lieutenant
governor and council from and to their
homes $250 00

0401-23 For postage, printing, stationery, traveling
and contingent expenses of the governor
and council 2,500 00

0401-24 For the cost of entertainment of distinguished
visitors to the commonwealth, for the pay-
ment of extraordinary expenses not other-
wise provided for; and for transfers to
appropriation accounts where the amounts
otherwise available are insufficient, with
the approval of the governor and council;
provided, that not more than fifteen thou-
sand dollars shall be for the cost of enter-
tainment hereinabove mentioned. Re-
quests for such transfers shall be referred
by the governor to the commission on ad-
ministration and finance, which, after in-
vestigation, shall submit to the governor its
written recommendation as to the amount
of funds required, together with pertinent
facts relative thereto .... 25,000 00

040 1-31 For the purchase of portraits of former gover-
nors, as authorized by section nineteen of
chapter eight of the General Laws . . 3,000 00

Total $30,750 00

Service of the Organized Militia.

0403-15 To cover certain small claims for damages to
private property arising from military
maneuvers, for the year nineteen hundred
and forty-nine and the previous year

$1,500 00

Service of the State Quartermaster.

0406-09 For personal services and es:penses of the
commonwealth depot and motor repair
park, including not more, than fourteen
pernaanent positions ....

$3,500 00

Acts, 1949. — Chap. 308.

273

Service of the Commis^wn on Administration and Finance.

Item
0414-02

0414-06

For personal services and expenses of the
office of the chairman, including not more
than nine permanent positions, to be in
addition to the amount authorized for the
purpose in item 297U-09

For personal services and expenses of the
division of personnel and standardization,
including not more than thirty-four perma-
nent positions, to be in addition to the
amount authorized for the purpose in
item 2970-09

Total

$600 00

4,600 00

$5,200 00

Telephone service:
0414-10 For telephone service in the state house and
expenses in connection therewith

$10,000 00

Service of the State Superintendent of Buildings.

0416-02 P'or personal services of engineers, assistant
engineers, firemen and helpers in the en-
gineer's department, including not more
than forty-six permanent positions .

$2,700 00

Service of the Youth Service Board.

0446-01 Item 0446-01 of section two of chapter six
hundred and sixty-nine of the acts of nine-
teen hundred and forty-eight is hereby
amended by inserting after the word
"Board" in the second line the words: —
and the Advisory Committee on Service
to Youth.

Service of the State A irport Management Board.

0461-00 Item 0461-00 of section two of chapter one
hundred and ninety-eight of the acts of
nineteen hundred and forty-eight as in-
serted by item 0461-00 of section two of
chapter six hundred and sixty-nine of the
acts of nineteen hundred and forty-eight is
hereby amended by adding after the word
"positions " in the fourth hne the words : —
; and of the amount herein appropriated
the sum of twenty dollars is made available
for reimbursement of a certain cash advance
loss; and in addition, there is hereby ap-
propriated the sum of one hundred and
sixty dollars for the purposes of this item

Special :
0463-25 The amount of one hundred and seventy
thousand dollars allocated by the Massa-
chusetts Aeronautics Commission from
item 8004-42 of section two of chapter five
hundred and ninety-nine of the acts of nine-
teen hundred and forty-eight for the com-
monwealth's share of projects at the
state-owned airport at Bedford, is made
available to be expended for the same pur-

$160 00

274

Acts, 1949. — Chap. 308.

Item

pose by the State Airport iManagement
Board, as authorized by chapter six hun-
dred and thirty-seven of the acts of nine-
teen hundred and forty-eight; and in addi-
tion, there is hereby appropriated the sum
of one hundred and seventy thousand dol-
lars for the same purpose, in anticipation of
the receipt of a federal grant for the above-
mentioned projects ....

$170,000 00

Service of the Secretary of the Commonwealth.

0501-02 For personal services and expenses of the
office of the secretary, including not more
than sixty-seven permanent positions . $2,150 00

For printing laws, etc. :

0503-01 For printing and distributing the pamphlet
edition and for printing and binding the
blue book edition of the acts and resolves
of the year nineteen hundred and forty-
nine and previous years .... 11,300 GO

0603-02 For the printing of reports of decisions of the

supreme judicial court .... 400 00

0504-07 \ From the amount appropriated in item

0601-02 / 0504-07 of section two of chapter one hun-
dred and ninety-eight of the acts of nine-
teen hundred and forty-eight the sum of
five hundred and seventy-five dollars is
hereby transferred and made available for
the purposes of item 0501-02 of said sec-
tion two of said chapter one hundred and
ninety-eight.

Total $13,850 00

Service of the Treasurer and Receiver-General.

0601-02 For personal services and expenses of the
ofiice of the treasurer and receiver-general,
including not more than thirty-nine perma-
nent positions, to be in addition to the
amoimt authorized for the purpose in item
2970-09

$8,800 00

Service of the Attorney General's Department.

0802-01 For the settlement of certain claims, as pro-
vided by law, on account of damages by
cars owned by the commonwealth and
operated by state employees . . . $4,000 00

0802-02 For the settlement of certain small claims, as
authorized by sections three A and three B
of chapter twelve of the General Laws . 3,500 00

Total $7,500 00

Service of the Department of Conservation.

Division of Forestry :
1002-31 For personal services, including not more
than seven permanent positions, and for
other expenses incidental to the suppres-
sion of insect pests and shade tree diseases.

Acts, 1949. — Chap. 308.

276

Item

1004-91

including gypsy and brown tail moths and
Japanese beetles, and for reimbursement
to cities and towns of a proportion of their
expenses for such work, as provided by law

Bounty on seals:
For bounties on seals ....

Total . . .

$30,000 00

16 50

$30,016 60

Service of the Department of Corporations and Taxation.

Special:

1201-05 For expenses of the department incurred in
the collection of the inheritance tax in a
certain case ......

1203-05 See item 1201-05.

1203-11 1 From the amount appropriated in item

1203-01 J 1203-11 of section two of chapter one hun-
dred and ninety-eight of the acts of nine-
teen hundred and forty-eight the sum of
twenty thousand dollars is hereby trans-
ferred and made available for the purposes
of item 1203-01 of said section two of said
chapter one hundred and ninety-eight and
of section two of chapter six hundred and
sixty-nine of the acts of nineteen hundred
and forty-eight.

$4,000 00

Service of the Department of Education.

1301-02 For personal services and expenses, including
not more than fifty-seven permanent posi-
tions

Special :
1301-18 For personal services and other expenses re-
qmred for the operation of an agency for
surplus property .....

Education of deaf and blind pupils:
1301-41 For the education of deaf and blind pupils of
the commonwealth, as provided by section
twenty-six of chapter sixty-nine of the
General Laws .....

Reimbursement:
1301-52 For the reimbursement of certain towns for
the payment of tuition of pupils attending
high schools outside the towns in which
they reside, as provided by law

Division of Immigration and Americaniza-
tion:
1302-01 For personal services and expenses, includ-
ing not more than nineteen permanent
positions ......

Division of the Blind:
1304-01 For general administration, furnishing in-
formation, industrial and educational aid,
and for carrying out certain provisions of
the laws estabhshing said division, includ-
ing not more than twenty-five permanent
positions ......

$2,000 00

700 00

9,500 00

37,601 02

160 00

2,985 00

276

Acts, 1949. — Chap. 308.

1305-08

1307-21

1309-21

1332-00

Item
1304-10 For expenses of administering and operating
the services of piano tuning and mattress
renovating under section twenty-five of
chapter sixty-nine of the General Laws . $5,000 00

Teachers' Retirement Board:
For the payment of the commonwealth's
share in financing the teachers' retirement
system, as provided by chapter six hvm-
dred and fifty-eight of the acts of nineteen
hundred and forty-five .... 50,000 00

For the maintenance of and for certain
improvements at the following state
teachers' colleges, and the boarding halls
attached thereto, with the approval of
the commissioner of education :

State teachers' college at Bridgewater, board-
ing hall, including not more than thirty-two
permanent positions .... 1,900 00

State teachers' college at Framingham, board-
ing hall, including not more than thirty-
two permanent positions . . . 2,050 00

For the maintenance of the LoweU textile in-
stitute, with the approval of the commis-
sioner of education and the trustees, in-
cluding not more than sixty-five permanent
positions, and including the sum of ten
thousand dollars which is to be assessed
upon the city of Lowell as a part of the
charges to be paid by said city to the com-
monwealth in the calendar year nineteen
hundred and forty-eight, and to be in addi-
tion to the amount authorized for the pur-
pose in item 3513-32 .... 1,62000

Total $113,416 02

Service of the Department of Civil Service and Registration.

Board of Registration of Certified Public
Accountants :
1414-01 For personal services and expenses of num-
bers of the board, including not more than
five permanent positions . . . $2,000 00

State Examiners of Electricians:
1416-01 For personal services and expenses of mem-
bers of the board, including not more than
two permanent positions . . . 500 00

Total

$2,500 00

1501-05

1720-22

Service of the Department of Industrial Accidents.

For expenses of impartial examinations, and
for expenses of industrial disease referees,
as authorized by section nine B of chapter
one hundred and fifty-two of the General
Laws, for the year nineteen hundred and
forty-nine and the previous year . . $9,600 00

Service of the Department of Mental Health.

Special :
For certain repairs and for the installation of
a heating system at Durfee Colony, so
called $9,000 00

Acts, 1949. — Chap. 308.

277

Item
1748-00

1801-02

1807-00

1906-03

1907-01

1918-00

1919-00

1919-26

From the amount appropriated in section ten
of chapter six hundred and sixty-nine of
the acts of nineteen hundred and forty-
eight and by section two of chapt(?f four of
the acts of the current year the sum of eight
hundred thousand dollars is hereby trans-
ferred and made available for the following
purpose: For meeting certain deficiencies
m appropriations for institutions under the
control of the department of mental health.
The budget commissioner, upon request of
the commissioner of mental health, may
transfer from this item to appropriations
hereinabove referred to, and sums so trans-
ferred are to be in addition to any amounts
previously made available for the purpose.

Service of the Department of Correction.
For personal services and expenses, including
not more than twenty-five permanent
positions JSJ.'^O 00

For the maintenance of and for certain im-
provements at the following institutions
under the control of the Department of
Correction :
State prison colony, including not more than

two hundred and twenty-five permanent

positions .3,000 00

Total $6,750 00

Service of the Department of Public Welfare.
Division of Child Guardianship:

For the care and maintenance of children, in-
cluding not more than two permanent posi-
tions .f 100,000 00

Tuition of children:

For tuition in the public schools, including
transportation to and from school, of chil-
dren boarded by the department, for the
twelve months ending June thirtieth, nine-
teen hundred and forty-eight and for the
previous year ..... 54,302 79

Massachusetts Hospital School:

For the maintenance of the Massachusetts
hospital school, including not more than
one hundred and seventy-six permanent
positions, to be expended with the approval
of the trustees thereof .... 7,600 00

Tewksbury State Hospital and Infirmary :

For the maintenance of the Tewksbury state
hospital and infirmary, including not more
than seven hundred permanent positions,
to be expended with the approval of the

trustees thereof 11,000 00

Special :

For the installation of generating equipment
at the Tewksbury state hospital and in-
firmary, as authorized by chapter seven
hundred and thirty-two of the acts of
nineteen hundred and forty-five . . 768 63

Total

$173,571 42

278

Acts, 1949. — Chap. 308.

Item

2001-25

2023-00

2024-00

2025-00

Service of the Department of Public Health.

The unexpended balance remaining in item
2001-25 as appropriated in section two of
chapter six hundred and sixty-nine of the
acts of nineteen hundred and forty-eight
is hereby reappropriated and made avail-
able for the same purpose.

For the maintenance of and for certain im-
provements at the sanatoria, as follows:

North Reading state sanatorium, including
not more than two hundred and five per-
manent positions .....

Rutland state sanatorium, including not more
than two himdred and sixty-eight perma-
nent positions .....

Westfield state sanatorium, including not
more than two hundred and eighty-two
permanent positions ....

Total

$3,900 00

12,000 00

8,400 00
$24,300 00

Service of the Department of Public Safety.

Division of State Police:
2102-03 For other necessary expenses of the division
for the year nineteen hundred and forty-
nine and the previous year, to be in addi-
tion to the amounts appropriated in items
2970-05 and 3604-22 .... $14,25000

Division of Inspection:
2104-21 For personal services of officers for the boiler
inspection service, and for expenses, in-
cluding not more than twenty-six perma-
nent positions ..... 5,800 00

Total $20,050 00

Service of the Department of Public Utilities.

2301-09 \ From the amount appropriated in item 2301-
2301-02 / 09 of section two of chapters one himdred
and ninety-eight and six hundred and sixty-
nine of the acts of nineteen hundred and
forty-eight the sum of two thousand dol-
lars is hereby transferred and made avail-
able for the purposes of item 2301-02 of
said section two of said chapter one hun-
dred and ninety-eight.

Special :
2301-13 To pay a certain judgment by the Superior
Court in favor of the Putnam Furniture
Building, Inc. . . . ; .

$12,000 00

Unclassified Accounts and Claims.

2820-02 For small items of expenditure for which no
appropriations have been made, and for
cases m which appropriations have been ex-
hausted or have reverted to the treasury
in previous years .....

2820-04 For the compensation of certain public em-
ployees for injuries sustained in the course

$1,000 00

Acts, 1949. — Chap. 308.

279

Item

2820-06

of their employroent, for the year nineteen
hundred and forty-nine and for previous
years, as provided by section sixty-nine
of chapter one hundred and fifty -two of
the General Laws, to be in addition to the
amounts appropriated by item 2970-07 . $27,500 00
For reimbursement of persons for funds pre-
viously deposited in the treasury of the
commonwealth and escheated to the com-
monwealth 7,273 97

Total $35,773 97

The Following Appropriations are Made from the Highway Fund:

2900-10
2900-04
2900-25

2924-02

Service of the Department of Public Works.

From the amount appropriated in item 2900-
10 of section two of chapter one hundred
and ninety-eight of the acts of nineteen
hundred and forty-eight the sum of one mil-
lion dollars is hereby transferred and made
available for the purposes of item 2900-04
of said section two of said chapter one hun-
dred and ninety -eight; and the sum of one
miUion dollars is hereby transferred and
made available for the purposes of the fol-
lowing item:

2900-25 For a reserve for emergency high-
way repairs for the current fiscal year.

Registration of Motor Vehicles:
For services other than personal, including
traveling expenses, purchase of necessary
supplies and materials, including cartage
and storage of the same, and for work
incidental to the registration and licensing
of owners and operators of motor vehicles

$100,000 00

Service of the Metropolitan District Commission.

2931-04 For the construction, reconstruction and im-
provement of boiilevards and parkways,
mcluding bridges, and including the resur-
facing and repairing thereof . $400,000 00

Service of the Department of Public Safety.

Division of State Police :
2970-05 For other necessary expenses of the division,
for the year nineteen hundred and forty-
nine and the previous year, to be in addi-
tion to the amounts appropriated in items
2102-03 and 3604-22 ....

$28,475 00

Unclassified Accounts and Claims.

2970-09 For the estimated share of the cost of certain
administrative functions of the treasui'er
and receiver general, the auditor of the
commonwealth, and the commission on
administration and finance, properly
chargeable to the highway fund, the sum
of two thousand eight hundred dollars is

280

Acts, 1949. — Chap. 308.

tteifi

2811-02

hereby appropriated to be allocated for the
purposes set forth in the following items
and to be in addition to the amounts ap-
propriated in said items from the general
fund:

Item 0414-02 . . . $150 00

Item 0414-06 ... 900 00

Item 0601-02 . . 1,750 00

For the compensation of veterans who may
be retired by the governor under the pro-
visions of sections fifty-six to fifty-nine,
inclusive, of chapter thirty-two of the
General Laws .....

$2,800 00

65,000 00

The Following Appropkiations ap.e Made from the Port of
Boston Fund:

Port of Boston Authority.
Special :
3145-01 For personal services and expenses of making
investigations and presenting the common-
wealth's case in connection with differential
freight rates $30,000 00

$900 00

7,190 00

The Following Appropriations are Payable from the Veterans'
Services Fund:

Services of the Adjutant General.

3504-01 For the issuance of certificates of service in
World War II, as authorized by chapter
four hundred and fifty-nine of the acts of
nineteen hundred and forty -six

3504-02 For the issuance of certificates of service in
World War II to relatives of certain vet-
erans, as authorized by chapter four hun-
dred and sixty-nine of the acts of nineteen
hundred and forty-six ....

Total

Service of the State Housing Board.

3504-48 For reimbursement to certain cities and
towns, as provided by chapter three hun-
dred and seventy-two of the acts of nine-
teen hundred and forty-six, as amended .

For Expenses on Account of Wars.

3504-52 For reimbursing cities and towns for money
paid for veterans' benefits as provided in
section six of chapter one hundred and fif-
teen of the General Laws, as appearing in
section one of chapter five hundred and
eighty -four of the acts of nineteen hundred
and forty-six .....

3504-53 For reimbursing cities and towns for money
paid on account of war allowance, state
and military aid and soldiers' reUef, to cer-
tain residents of the commonwealth and
their dependents, as authorized by chapter
eleven of the acts of the Special Session of
nineteen hundred and forty -two

Total

$8,090 00

$264,755 00

$1,657,115 51

5,473 04
$1,662,588 65

Acts, 1949. — Chap. 308. 281

Item

Service of the Soldiers' Home in Holyoke.

3504-60 For expenses of the trustees, as authorized by
chapter four hundred and seventy-six of
the acts of nineteen hundred and forty-
eight $1,000 00

Service of the Treasurer and Receiver General.

3506-21 For personal services and other expenses of
the treasurer and receiver general in con-
nection with the payment of the veterans'
bonus, so called, as authorized by chapter
seven hundred and thirty-one of the acts
of nineteen hundred and forty-five, as
amended $5,000 00

University of Massachv^etts at Fort Devens.

Special:
3513-23 The imexpended balance remaining in this
item as of the effective date of this act,
from the appropriation authorized in sec-
tion two of chapter one hundred and
ninety-eight of the acts of nineteen hun-
dred and forty -eight, is hereby reappropri-
ated and made available for expenditure,
under the authority of the state purchasing
agent, as a special appropriation, so called,
as provided in section fourteen of chapter
twenty-nine of the General Laws, as
amended, for personal services and ex-
penses in connection with the closing of the
college for veterans at Fort Devens. The
responsibility of the augmented board of
trustees of the University of Massachu-
setts, established under chapter five hun-
dred and ninety-six of the acts of nineteen
himdred and forty-six, with respect to the
establishment, operation and termination
of a branch of said university for providing
instruction to certain veterans of World
War II, shall cease on June thirtieth in the
current year.

Service of the Department of Education.

For the maintenance of the following tex-
tile schools, with the approval of the com-
missioner of education and the trustees:
3513-32 Lowell textile institute, to be in addition to
any amount authorized for the purpose in
item 1332-00 $2,280 00

The Following Appropriations are Payable from the Parks and
Salisbury Beach Reservation Fund:

Division of Parks and Recreation.

Specials:
4012-00 For the cost of special facilities at Nickerson

State Park $1,500 00

4014-00 For the cost of speciaWacilities in state forest

recreation areas ..... 36,000 00

Total $37,500 00

282

Acts, 1949. — Chap. 308.

The Following Appropriations are Payable from the Prison
Industries Fund:

Item
4401

4511

Service of the Department of Correction.

For salaries of persons employed in the de-
partment of correction in certain super-
visory and administrative work in pnson
industries, including not more than seven
permanent positions, for the year nineteen
hundred and forty-nine and the previous
year; provided, that of the amount herein
appropriated the proportions properly
chargeable to the prison industries fund at
the Massachusetts reformatory, the re-
formatory for women, the state prison and
the state prison colony shall be determined
by the comptroller

For salaries of persons employed in industries
at the reformatory for women, including
not more than thirteen permanent positions

Total

$536 00
340 00

$876 00

Metropolitan District Commission Funds.

8602-31 Item 8602-31 of section two of chapter six
himdred and sixty-nine is hereby amended
by striking out the words appearing after
the word "commission" in the sixth line
and substituting in place thereof the words :
— , to be assessed as part of the cost of
maintenance of parks reservations.

Deficiencies.

For deficiencies in certain appropriations of
previous years, in certain funds, as fol-
lows:

2899 General Fund $64,793 60

2999 Highway Fund 5,841 01

3391 Inland Fisheries and Game Fund . . 217 25

3599 Veterans' Services Fund .... 871 24

3999 Special Assessment Funds . _ . . . 24 48

Metropolitan District Commission Funds, to
be allocated by the comptroller according
to the schedule as filed, and assessed as pro-
vided by law to the appropriate districts,
under the applicable funds . . . 15,794 91

Section 3. No payment shall be made or obligation
incurred under authority of any special appropriation made
by this act for construction of public buildings or other
improvements at state institutions until plans and specifica-
tions have been approved by the governor, unless other-
wise provided by such rules and regulations as the governor
may make.

Section 4. No moneys appropriated under this act
shall be expended for reimbursement for the expenses of
meals for persons while traveling within the commonwealth

Acts, 1949. — Chap. 308. 283

at the expense thereof, unless such reimbursement is in
accordance with rules and rates which are hereby author-
ized to be established from time to time by the commission
on administration and finance.

Section 5. The allowance to state employees for ex-
penses incurred by them in the operation of motor vehicles
owned by them and used in the performance of their official
duties shall not exceed five and one half cents a mile.

Section 6. Amounts included for permanent positions
in sums appropriated in section two for personal services
are based upon schedules of permanent positions and salary
rates as approved by the joint committee on ways and
means, and, except as otherwise shown by the files of said
committee, a copy of which shall be deposited with the
division of personnel and standardization, no part of sums
so appropriated in section two shall be available for pay-
ment of salaries of any additional permanent positions, or
for pajmients on account of reallocations of permanent posi-
tions, or for payments on account of any change of salary
range or compensation of any permanent position, not-
withstanding any special or general act to the contrary.

Section 7. In addition to the payment of regular sala-
ries, sums appropriated for personal services in the fiscal
year nineteen hundred and forty-nine shall be available for
the payment of such other forms of compensation as may
be due under existing statutes, or under the provisions of
rules and regulations made in accordance with said statutes.

Section 8. All federal subventions and grants available
to the commonwealth under any act of Congress and not
otherwise authorized to be received shall be paid into the
treasury of the commonwealth; provided, however, that
applications for such subventions and grants, and for trans-
fers within such subventions and grants, shall be subject
to the approval of the commission on administration and
finance. All federal subventions and grants received by
the commonwealth may be expended without specific ap-
propriation if such expenditures are otherwise in accordance
with law.

All income, including federal subventions and grants,
received by the commonwealth from or on account of vet-
erans in payment for veterans' services, shall be credited to
the veterans' services fund.

Section 9. This act shall take effect upon its passage.

Approved May 20, 1949.

284 Acts, 1949. — Chap. 309.

Chap.S09 An Act to provide for a special capital outlay pro-
gram FOR THE COMMONWEALTH.

Emeisency Whereas, The deferred operation of this act would tend

to defeat its purpose, which is to provide funds immediately
for a special capital outlay program for the commonwealth,
therefore it is hereby declared to be an emergency law,
necessary for the immediate preservation of the public
convenience.

Be it enacted, etc., as follows:

Section 1. To provide for a special program of con-
struction, reconstruction, alteration and improvement of
various state institutions and properties, and for the pur-
chase of certain property, the sums set forth in section two
of this act, for the several purposes and subject to the
conditions specified in said section two, are hereby made
available, subject to the provisions of law regulating the
disbursement of public funds and the approval thereof. It
is further provided that all projects authorized by this act
shall be considered as special appropriations, so called, as
provided in section fourteen of chapter twenty-nine of the
General Laws, as amended.

Section 2.

Item

Service of the Departmenl of Mental Health.

Belchertown State School :

7917-01 For the constraction of an infirmary building, in-
cluding the cost of furnishings and equipment $1,078,000

7917-02 For certain power plant improvements and

equipment ....... 245,000

Walter E. Fernald State School:
7917-03 For the construction of a hospital building, in-
cluding the cost of furnishings and equipment $630,000

Wrentham State School:

7917-04 For the construction of an infirmary building
with connecting tunnels, including the cost of
furnishings and equipment .... $866,250

7917-05 For certain improvements to the water supply
systems, to be in addition to any funds avail-
able for this purpose ..... 95,000

7917-06 To cover unexpected contingencies in the cost
of projects authorized by this act to be allo-
cated by the commission on administration
and finance, with the approval of the governor
and council ...... 85,750

Section 3. No payment shall be made or obUgation
incurred in carrying out any of the aforesaid projects until
plans, specifications and contracts therefor, and alterations
thereto subsequently proposed, have been approved by the
Massachusetts public building commission, unless otherwise
provided by such rules or regulations as said commission
may make.

Acts, 1949. — Chaps. 310, 311. 285

Section 4. To meet the expenditures necessary in carry-
ing out the provisions of this act the state treasurer shall,
upon request of the governor and council, issue and sell at
public or private sale bonds of the commonwealth, registered
or with interest coupons attached, as he may deem best, to
an amount to be specified by the governor and council
from time to time, but not exceeding, in the aggregate, the
sum of three million dollars. All bonds issued by the com-
monwealth as aforesaid shall be designated on their face.
Capital Outlay Loan, Act of 1949, and shall be on the serial
payment plan for such maximum term of years, not exceed-
ing five years, as the governor may recommend to the gen-
eral court pursuant to section 3 of Article LXII of the
Amendments to the Constitution of the commonwealth,
the maturities thereof to be so arranged that the amounts
payable in the several years other than the final year shall
be as nearly equal as in the opinion of the state treasurer it
is practicable to make them. Said bonds shall bear interest
pa5^able semi-annually at such rate as the state treasurer,
with the approval of the governor, shall fix, but such bonds
shall be payable not earlier than July first, nineteen hundred
and fifty, nor later than June thirtieth, nineteen hundred
and fifty-five. Approved May 20, 1949.

An Act authorizing the hingham institution for
savings to expend money for building purposes.

I3e it enacted, etc., as follows:

Section 1. The Hingham Institution for Savings,
a savings bank located in the town of Hingham, for the
purpose of constructing a new building in which to conduct
its banking business, may expend whatever amount shall
be approved by the commissioner of banks, not in excess,
however, of the sum of seventy-five thousand dollars.

Section 2. This act shall take effect upon its passage.

Approved May 23, 1949.

An Act authorizing the town of edgartown to con-
struct A CHANNEL FROM EDGARTOWN GREAT POND TO
THE OCEAN.

Be it enacted, etc., as follows:

Section 1. The town of Edgartown is hereby authorized
to construct a channel from Edgartown Great Pond in said
town to the ocean, and may raise and appropriate such sums
of money as may be necessary to accomplish such purpose.
Said town may take by eminent domain under chapter
seventy-nine of the General Laws, or acquire by lease, pur-
chase or otherwise, such land and easements within its
limits as may be necessary for the construction and main-
tenance of such channel.

Section 2. This act shall take effect upon its passage.

Approved May 23, 1949.

Chap.SlO

Chap.Sn

286 Acts, 1949. — Chaps. 312, 313, 314.

Chap. 312 An Act relative to the salary of the justice of the

DISTRICT COURT OF LOWELL, AND RELATIVE TO THE COM-
PENSATION OF THE SPECIAL JUSTICE OF SAID COURT.

Be it enacted, etc., as follows:

Ed^; 218^1 78, Section 1. Section 78 of chapter 218 of the General
etc.'. amended. ' Laws, as most recently amended by section 3 of chapter 667
of the acts of 1948, is hereby further amended by inserting
after the word "Somerville" in line 5 the words: — , district
court of Lowell, — and by striking out, in line 7, the words
"district court of Lowell/'.
Repeal. SECTION 2. Section 5A of said chapter 667 is hereby

repealed.
Section 3. This act shall take effect upon its passage.

Approved May 23, 1949.

Chap.SlS An Act establishing the salaries of the deputy as-
sessors OF THE CITY OF BOSTON.

Be it enacted, etc., as follows:

Section 1. Chapter 93 of the Special Acts of 1918 is
hereby amended by striking out section 3, as most recently
amended by section 1 of chapter 263 of the acts of 1945,
and inserting in place thereof the following : — Section 3.
The mayor shall also appoint for an indeterminate term,
under the laws and rules governing the classified civil service
of the commonwealth, five deputy assessors and such ap-
pointees shall hold office in accordance with such laws and
rules. Appointments to fill vacancies shall be made in like
manner. Each deputy assessor shall receive an annual
salary of six thousand dollars and shall perform such duties
as the board of assessors may prescribe.

Section 2. This act shall take full effect upon its ac-
ceptance by the mayor of the city of Boston, but not other-
wise. Approved May 23, 1949.

Chap, 31^ An Act extending the period within which cities and

TOWNS MAY PROVIDE HOUSING FOR VETERANS OF WORLD
WAR II UNDER CERTAIN EMERGENCY HOUSING LAWS.

Be it enacted, etc., as follows:

The period of five years from the operative date of chapter
three hundred and seventy-two of the acts of nineteen
hundred and forty-six within which cities and towns in
which a shortage of housing exists are authorized to provide
shelter for such of their inhabitants as are veterans of World
War II in the manner designated by said chapter three
hundred and seventy-two is hereby extended, for the pur-
poses of sections four and five of said chapter three hundred
and seventy-two, until May twenty-third, nineteen hun-
dred and fifty-four, unless the general court shall previously

Acts, 1949. — Chaps. 315, 316, 317. 287

determine that the time of public exigency, emergency and
distress referred to in said chapter three hundred and seventy-
two has ended. Approved May 23, 1949.

An Act extending the time during which the city of Chap.Z15

NEWTON MAY ACCEPT CERTAIN PROVISIONS OF LAW RE-
LATING TO PENSIONS FOR SCHOOL JANITORS AND FOR
FOREMEN.

Be it enacted, etc., as follows:

The mayor and board of aldermen of the city of Newton
may accept sections forty-four and forty-five A of chapter
thirty-two of the General Laws, and paragraph (c) of section
seventy-seven of said chapter, prior to January first, nine-
teen hundred and fifty, any provisions of said chapter or of
any other law to the contrary notwithstanding.

Approved May 23, 1949.

An Act providing for the acceptance by the town of Qhav.SlQ

SOUTHBRIDGE OF CERTAIN RETIREMENT LAWS.

Be it enacted, etc., as follows:

Notwithstanding any general or special law to the con-
trary, the provisions of sections eighty-five A and eighty-
five D of chapter thirty-two of the General Laws shall be
in force in the town of Southbridge; provided, that said
town accepts said sections during the current year.

Approved May 23, 1949.

An Act relative to the notice prior to the sale by flhnj) 317

the city of boston of property acquired by SAID

city by tax title foreclosure.

Be it enacted, etc., as follows:

Chapter 434 of the acts of 1943 is hereby amended by
striking out section 4 and inserting in place thereof the fol-
lowing section: — Section 4- The mayor shall appoint
from the board a committee consisting of the chairman and
two other members, to be known as the committee on fore-
closed real estate. The chairman, acting on behalf of the
city, may, subject to the restrictions hereinafter provided,
let or lease real estate referred to in section two or any portion
thereof, or interest therein. The chairman, acting on behalf
of the city, subject to such restrictions, may also sell such
real estate, or any portion thereof, or any interest therein,
at public auction, first posting a notice thereof in two or more
convenient and public places in the city at least fourteen
days before such sale. Such notice shall contain a descrip-
tion of the property to be sold sufficient to identify it, and
shall state the date, time and place appointed for the sale
thereof and the terms and conditions of such sale. The
chairman may reject any and all bids at such sale or any

288 Acts, 1949. — Chaps. 318, 319, 320.

adjournment thereof if in his opinion no bid is made which
approximates the fair value of the property, and he may
adjourn the sale from time to time for such periods as he
deems expedient, giving notice thereof at the time and place
appointed for the sale or any adjournment thereof. Failure
to post a notice as herein provided, or any insufficiency in
the notice posted, shall not invahdate the title to any prop-
erty sold hereunder. Approved May 28, 1949.

Chap.SlS An Act relative to the eligibility of persons elected

TO THE SCHOOL COMMITTEE IN CERTAIN CITIES TO HOLD
OTHER MUNICIPAL OFFICE.

Be it enacted, etc., as follows:

EdV iJ^s 32 Section 32 of chapter 43 of the General Laws, as appearing

amended. ' in the Tercentenary Edition, is hereby amended by striking

out, in lines 8 and 9, the words "during the term for which

he is elected" and inserting in place thereof the words: —

School while a member thereof, — so as to read as follows : — Sec-

to'a^'oint iion 32. The school committee shall elect a superintendent

s^permtend- q{ gchools annually, except as provided in section forty-one

of chapter seventy-one, and may, under chapter thirty-one,

appoint, suspend or remove at pleasure such subordinate

officers or assistants, including janitors of school buildings,

as it may deem necessary for the proper discharge of its

duties and the conduct of its business; it shall define their

terms of service and their duties, and shall fix their compen-

Members not satiou. No member of the school committee, except the

offioM^ °^^^^ mayor, shall, while a member thereof, hold any other office

or position the salary or compensation for which is payable

out of the city treasury. The committee shall organize

annually on the first Monday in January, and shall elect one

of its members as vice chairman, who shall preside at all

meetings of the committee at which the mayor is not present.

Approved May 23, 1949.

Chap.S19 An Act placing the office of agent of veterans' bene-
fits AND DIRECTOR OF VETERANS' SERVICES OF THE CITY
OF WORCESTER UNDER THE CIVIL SERVICE LAWS.

Be it enacted, etc., as follows:

Section 1. The office of agent of veterans' benefits and
director of veterans' services of the city of Worcester is hereby
placed within the classified civil service.

Section 2. This act shall take effect on its passage.

Approved May 23, 1949.

Chap. 320 An Act to authorize the city of attleboro to borrow

MONEY FOR SCHOOL PURPOSES.

Be it enacted, etc., as follows:

Section 1, For the purpose of constructing a school
building and originally equipping and furnishing said build-

Acts, 1949. — Chap. 321. 289

ing, the city of Attleboro may borrow, from time to time,
within a period of jBve years from the passage of this act,
such sums as may be necessary, not exceeding, in the aggre-
gate, six hundred thousand dollars, and may issue bonds or
notes of the city therefor, which shall bear on their face the
words, Attleboro School Loan, Act of 1949. Each authorized
issue shall constitute a separate loan and such loans shall be
paid in not more than twenty years from their dates. In-
debtedness incurred under this act shall be in excess of the
statutory limit, but shall, except as provided herein, be sub-
ject to chapter forty-four of the General Laws, excluding the
limitation contained in the first paragraph of section seven
thereof.

Section 2. This act shall take effect upon its passage.

Approved May 23, 1949.

Chap.S2l

An Act to license and regulate the business of buy-
ing, SELLING AND MANUFACTURING SO CALLED RENEWED,
rebuilt or RECONSTRUCTED AUTOMOBILE ENGINES AND
PARTS.

Whereas, The deferred operation of this act would tend to Emergency
defeat its purpose, which in part is to provide for the immedi- preamble,
ate licensing and regulating of the business referred to there-
in, therefore this act is hereby declared to be an emergency
law, necessary for the immediate preservation of the public
convenience.

Be it enacted, etc., as follows:

Section 32A of chapter 90 of the General Laws, as appear- g. l. (Ter.
ing in the Tercentenary Edition, is hereby amended by add- amgnled^^^'^'
ing the following paragraph : —

Notwithstanding any provision of law to the contrary. Registrar to
the registrar shall be the sole authority to issue licenses to J.'egXte^'^
persons engaged in the business of buying, selling or manu- purchase and
facturing so called renewed, rebuilt or reconstructed auto- enlines'^or^
mobile engines or parts. No person shall alter, change or p"*^-
substitute any serial number by authority of a certificate
issued under the preceding paragraph unless he is licensed
under this paragraph. The registrar shall have the right to
charge a fee not exceeding fifteen dollars annually for such
license, and such license may be revoked by him for cause.
The holder of a license granted under this paragraph shall
keep records of all engines acquired and sold, and the names
of the persons from whom acquired and to whom sold, re-
cording the serial numbers thereon, if any. The licensee
shall forward to the registry on Monday of each week a copy
of said record. All records shall be kept legibly and in per-
manent form and shall be open for inspection at all times to
the registrar and his agents and to any police officer.

Approved May 2S, 19^9.

290 Acts, 1949. — Chaps. 322, 323, 324.

Chap. S22 An Act to authorize the town of hinsdale to borrow

MONEY FOR THE PURPOSE OF CONSTRUCTING AN ADDITION
TO A SCHOOL BUILDING AND FOR EQUIPPING AND FURNISH-
ING THE SAID ADDITION.

Be it enacted, etc., as follows:

Section 1. For the purpose of constructing an addition
to an existing school building, and for originally equipping
and furnishing said addition, the town of Hinsdale may bor-
row, from time to time, within a period of five years from
the passage of this act, such sums as may be necessary, not
exceeding, in the aggregate, one hundred and twenty thou-
sand dollars, and may issue bonds or notes therefor, which
shall bear on their face the words, Hinsdale School Addition
Loan, Act of 1949, Each authorized issue shall constitute a
separate loan and such loans shall be paid in not more than
twenty years from their dates. Indebtedness incurred under
this act shall be in excess of the statutory limit but shall,
except as provided herein, be subject to chapter forty-four
of the General Laws, exclusive of the limitation contained
in the first paragraph of section seven thereof.

Section 2. This act shall take effect upon its passage.

Approved May 23, 1949.

ChaV. S2S ^^ ^^^ AUTHORIZING THE TOWN OF GRAFTON TO BORROW

MONEY FOR SCHOOL PURPOSES.

Be it enacted, etc., as follows:

Section 1. For the purposes of constructing and origi-
nally equipping and furnishing a school building, the town
of Grafton may borrow, from time to time, within a period
of five years from the passage of this act, such sums as may
be necessary, not exceeding, in the aggregate, four hundred
thousand dollars, and may issue bonds or notes of the town
therefor which shall bear on their face the words, Grafton
School Loan, Act of 1949. Each authorized issue shall
constitute a separate loan and such loans shall be paid in
not more than twenty years from their dates. Indebted-
ness incurred under this act shall be in excess of the statu-
tory limit and shall, except as herein provided, be subject
to chapter forty-four of the General Laws, exclusive of the
limitation contained in the first paragraph of section seven
thereof.

Section 2. This act shall take effect upon its passage.

Approved May 28, 1949.

C/iap. 324 An Act relative to the compensation of the members
OF the police department of the city of new

BEDFORD.

Be it enacted, etc., as follows:

Upon petition signed by eighty per cent or more of the
regular permanent members of the police department of the

Acts, 1949. — Chap. 325.

291

city of New Bedford, containing a schedule of salaries
proposed for the several grades of said department, filed
with the city clerk of said city not later than sixty days
prior to the regular municipal election in said city in the
current year, there shall be placed upon the official ballot
to be used at said election the following question: — "Shall
the compensation of the members of the police department
of the city of New Bedford be established as provided in the
following schedule?

Per Annvun,

Chief

$5,000 00

Deputy chief .

4,500 00

Captain .

4,058 85

Lieutenant

3,641 85

Super, of M. V.

3,459 35

Sergeant

3,276 85

Patrolman

2,976 85

Policewoman .

2,976 85

First year patrolman

2,768 85

; provided, that the rates of compensation in such petition
shall be inserted in said question, without change. If a
majority of the votes in answer to said question is in the
affirmative the compensation of the members of said police
department shall be estabhshed as therein set forth and each
member shall receive from said city from and after January
first, nineteen hundred and fifty the amount of the salary
set forth in said schedule for his grade.

Approved May 23, 1949.

An Act providing that members of the police de-
partment OF THE city of BOSTON MAY ORGANIZE FOR
CERTAIN PURPOSES AND HAVE THE RIGHT OF PETITION
TO THE GENERAL COURT AND TO THE CITY COUNCIL OF
SAID CITY.

Be it enacted f etc., as follows:

Section 10 of chapter 291 of the acts of 1906, as most
recently amended by chapter 211 of the acts of 1920, is
hereby further amended by adding at the end the following
two paragraphs : —

No such rule or regulation made under authority of this
section shall forbid police officers from organizing or belong-
ing to any organization composed solely of members of said
police force and not affiliated with any outside organization
other than the Massachusetts Police Association, and having
among its objects the improvement of their conditions of
employment, including leaves of absence, hours of labor and
compensation.

Any member of said force shall have the right to petition
the general court or the city council of the city of Boston
and to appear before any committee thereof, provided
that this paragraph shall not authorize any member to
absent himself from duty without permission.

Approved May 23, 194^,

Chap.S25

292 Acts, 1949. — Chaps. 326, 327, 328.

C/iap. 326 An Act relative to the status of Raymond mcgrath

AS A MEMBER OF THE FIRE DEPARTMENT OF THE CITY OF
FITCHBURG.

Be it enacted, etc., as follows:

Section 1. Raymond McGrath, who served as a military
substitute in the fire department of the city of Fitchburg
from September, nineteen hundred and forty-five to Feb-
ruary, nineteen hundred and forty-eight, and who was
injured in the performance of duty, shall be deemed to be
permanently appointed to the position of fireman in said
fire department without examination and without being
required to serve any probationary period; provided, that
he submits proof, satisfactory to the director of civil service,
that such injury does not incapacitate him for the perform-
ance of the duties of fireman in said fire department.

Section 2. This act shall take effect upon its passage.

Approved May S4, 1949.

Chap. ^21 An Act to extend the time counties, cities, towns and

DISTRICTS MAY INCUR DEBT TO SECURE THE BENEFITS
PROVIDED BY THE FEDERAL GOVERNMENT TO ASSIST THEM
IN PUBLIC WORKS PROJECTS.

preamble"*' Wliercas, The deferred operation of this act would tend

to defeat its purpose, which is to make available without
interruption to counties, cities, towns and districts financial
assistance by the federal government for public works projects,
therefore it is hereby declared to be an emergency law,
necessary for the immediate preservation of the public
convenience.

Be it enacted, etc., as follows:

Section 6 of chapter 74 of the acts of 1945, as amended
by chapter 526 of the acts of 1947, is hereby further amended
by striking out, in line 4, the word "forty-nine" and insert-
ing in place thereof the word : — fifty-one, — so as to read
as follows: — Section 6. Loans by counties, cities, towns
and districts may be authorized under the provisions of this
act until July first, nineteen hundred and fifty-one.

Approved May 24, 1949.

Chap.Z2S An Act to authorize the town of leyden to borrow

MONEY for school PURPOSES.

Be it enacted, etc., as follows:

Section 1. For the purpose of constructing and origi-
nally equipping and furnishing a new school building in the
town of Leyden, said town may borrow, from time to time
within a period of five years from the passage of this act,
such sums as may be necessary, not exceeding, in the aggre-
gate, thirty thousand dollars, and may issue bonds or notes

Acts, 1949. — Chaps. 329, 330. 293

therefor, which shall bear on their face the words, Leyden
School Building Loan, Act of 1949. Each authorized loan
shall constitute a separate loan, and such loans shall be paid
in not more than twenty years from their dates. Indebted-
ness incurred under this act shall be in excess of the statutory
limit, but shall, except as provided herein, be subject to
chapter forty-four of the General Laws, exclusive of the
limitation contained in the first paragraph of section seven
thereof.

Section 2. This act shall take effect upon its passage.

Approved May 24, 1949.

An Act authorizing the town of hopkinton to borrow Chap. S29

MONEY FOR SCHOOL PURPOSES.

Be it enacted, etc., as follows:

Section L For the purposes of constructing one or
more school buildings and of originally equipping and fur-
nishing the same, the town of Hopkinton may borrow from
time to time, within a period of five years from the passage
of this act, such sums as may be necessary, not exceeding,
in the aggregate, one hundred and fifty thousand dollars,
and may issue bonds or notes therefor, which shall bear on
their face the words, Hopkinton School Building Loan, Act
of 1949. Each authorized issue shall constitute a separate
loan, and such loans shall be paid in not more than twenty
years from their dates. Indebtedness incurred under this
act shall be in excess of the statutory limit, but shall, except
as herein provided, be subject to chapter forty-four of the
General Laws, exclusive of the limitation contained in the
first paragraph of section seven thereof.

Section 2. This act shall take effect upon its passage.

Approved May 24, 1949.

An Act placing under the civil service laws the posi-
tion OF CLERK OF WORKS IN THE TRANSIT DEPARTMENT
OF THE CITY OF BOSTON, AND RELATIVE TO THE RETIREMENT
RIGHTS OF THE INCUMBENT OF SAID POSITION.

Be it enacted, etc., as follows:

Section 1. The incumbent of the position of clerk of
works in the transit department of the city of Boston on the
effective date of this act shall be subjected to a qualifying
examination for said position by the division of civil service.
If said incumbent passes said examination, he shall be
certified for said position and shall be deemed to be perma-
nently appointed thereto, without serving any probationary
period.

Section 2. Said incumbent, upon his permanent ap-
pointment as aforesaid, shall be permitted to be a member
in the Boston retirement system as of the date of his original
appointment to said position, and he shall be permitted

Chap.^'SQ

294 Acts, 1949. — Chaps. 331, 332.

to pay into the annuity savings fund of said system an
amount equal to that which his account therein would be
if he had been a member in said system since said date.
Section 3. This act shall take effect upon its passage.

Approved May 21^, 1949.

ChaV.SSl ^^ ^^'^ AUTHORIZING THE TOWN OF HOLLISTON TO BORROW

MONEY FOR SCHOOL PURPOSES.

Be it enacted, etc., as follows:

Section 1. For the purposes of acquiring land for and
constructing a school building and of originally equipping
and furnishing such building, the town of HoUiston may
borrow from time to time, within a period of five years from
the passage of this act, such sums as may be necessary, not
exceeding, in the aggregate, five hundred thousand dollars,
and may issue bonds or notes therefor, which shall bear on
their face the words, Holliston School Building Loan, Act
of 1949. Each authorized issue shall constitute a separate
loan, and such loans shall be paid in not more than twenty
years from their dates. Indebtedness incurred under this
act shall be in excess of the statutory limit, but shall, except
as herein provided, be subject to chapter forty-four of the
General Laws, exclusive of the limitation contained in the
first paragraph of section seven thereof.

Section 2. This act shall take effect upon its passage.

Approved May 24, 1949.

C/iap. 332 An Act authorizing the commissioner of labor and

INDUSTRIES to SUSPEND THE OPERATION OF CERTAIN

statutes.
Emergency Wliereas, Provisious of law similar to those set forth in

this act are about to cease to be effective, but the circum-
stances and conditions which made advisable their enact-
ment still continue, and it is urgent that said provisions be
continued in effect without interruption, therefore it is
hereby declared to be an emergency law, necessary for the
immediate preservation of the pubhc convenience.

Be it enacted, etc., as follows:

The commissioner of labor and industries is hereby au-
thorized, in conformity with Article XX of Part the First
of the Constitution of the Commonwealth, to suspend
until July first, nineteen hundred and fifty, the application
or operation of any provision of chapter one hundred and
forty-nine of the General Laws, as amended, or of any rule
or regulation made thereunder, regulating, limiting or
prohibiting the employment of women or minors, or both.
The commissioner shall exercise this authority when he
finds, after opportunity has been given to interested parties
to be heard, that an emergency exists or that conditions of
hardship in an industry, branch of an industry, or individual
establishment require or justify the suspension of any provi-

Acts, 1949. — Chaps. 333, 334. 295

sion of such laws, rules or regulations. Suspensions issued
by the commissioner shall prescribe, and may be either
granted or Hmited to, one or more particular departments,
operations or occupations within an estabhshment, or a
particular industry or branch of an industry. The com-
missioner shall appoint industry advisory conmiittees, on
which employers and employees shall be equally represented,
to consult and advise with him in matters relating to the
suspensions authorized by this section.

Approved May 24, 1949.

An Act further defining the practice of dentistry. Chav 333

Be it enacted, etc., as follows:

Chapter 112 of the General Laws is hereby amended by g. l. (Ter.
striking out section 50, as amended by chapter 344 of the ftc'^ amended"'
acts of 1935, and inserting in place thereof the following
section : — Section 50. A person shall be deemed to be prac- Practice of
ticing dentistry if he holds himself out as being able to f^lhel"^"^
diagnose, treat, operate or prescribe for an}'- disease, pain, defined,
injury, deficiency, deformity or other condition of the
human teeth, alveolar process, gums or jaws, and associated
parts, intraorally or extraorally, or if he either offers or
undertakes by any method to diagnose, treat, operate or
prescribe for any disease, pain, injury, deficiency, deformity
or other condition of the same; or if he, except on the written
prescription of a registered dentist and by the use of im-
pressions made by a registered dentist, directly or indirectly
by mail, carrier, personal agent, or by any other method,
supplies, constructs, reproduces, relines, repairs, adds or
directs the application of any substance to dentures, bridges,
appliances or other structures to be used and worn as sub-
stitutes for natural teeth; or if he places such substitutes
in the mouth or adjusts the same.

Approved May 24, 1949.

An Act relative to slaughtering. Chav 334

Be it enacted, etc., as follows:

Section 1. Section 119 of chapter 94 of the General ^^^.^Ps-,
Laws, as amended by section 2 of chapter 332 of the acts of etc!, 'amended. '
1943, is hereby further amended by striking out, in lines 8
and 9, the words "one dollar" and inserting in place thereof
the words : — ten dollars, — so as to read as follows : —
Section 119. The aldermen, selectmen, or such other Licenses for
officers as they shall designate, or, in a town having a popula- gfaught
tion of more than five thousand, the board of health, if any, of^ certain
may annually issue licenses to carry on the business of
slaughtering neat cattle, horses, mules, sheep or swine to
applicants therefor. Except as provided in sections one
hundred and twenty and one hundred and twenty A, the
fee for each license shall be ten dollars. The license shall
name the persons licensed to conduct such business, and the

enn^

296

Acts, 1949. — Chap. 334.

G. L. (Ter.
Ed.), 94, § 120,
etc.. amended.

Fee for
annual
license.

G. L. (Ter.
Ed.). 94,
§ 120A, etc.,
amended.

C.ity or town
may require
certain further
fees.

G. L. (Ter.
Ed.), 94,
§ 129, etc.,
amended.

Certain
carcasses not
to be sold
or olTered for
sale.

building or establishment where it is to be carried on, and it
shall continue in force until May first of the year next ensuing,
unless sooner forfeited or rendered void. A record shall
be kept by the board or officers authorized to issue such
licenses of all applications for licenses under section one
hundred and eighteen and of all licenses issued, which shall
be evidence of the issue of any such license. Such board or
officers shall annually, on or before June first, send to the
department of public health a copy of each application made
to them under section one hundred and eighteen and of their
action thereon, together with a list of the names and ad-
dresses of all persons who, although engaged in the business
named in said section on the preceding April thirtieth,
failed to make application for a license.

Section 2. Said chapter 94 is hereby further amended
by striking out section 120, as amended by section 3 of said
chapter 332, and inserting in place thereof the following: —
Section 120. In cities and towns which accept this section
the annual license fee for carrying on the business of slaugh-
tering neat cattle, horses, mules, sheep or swine shall be
such sum, not exceeding one hundred dollars, as the aldermen
or selectmen fix.

Section 3. Said chapter 94 is hereby further amended
by striking out section 120 A, as amended by section 4 of
said chapter 332, and inserting in place thereof the following:
— Section 120 A. A city or town which accepts this section
may, in addition to the annual fee under section one hundred
and nineteen or one hundred and twenty, for a license to
carry on the business of slaughtering neat cattle, horses,
mules, sheep or swine, require the payment by the licensee
of a further fee of not exceeding one dollar for each animal
slaughtered under such license, but such further fee shall
not be required for any animal slaughtered under federal
inspection. Additional fees provided for under this section
shall be paid only by the licensee or his authorized agent
and only to the city or town treasurer at such times and in
such manner as the aldermen or selectmen by vote determine.
The inspector referred to in section one hundred and twenty-
six shall not act in the capacity of such authorized agent.

Section 4. Section 129 of said chapter 94, as amended
by section 3 of chapter 213 of the acts of 1946, is hereby
further amended by striking out, in hne 9, the word
"human", — so as to read as follows: — Section 129.
Carcasses of animals slaughtered under sections one hundred
and eighteen, one hundred and nineteen, one hundred and
twenty-five to one hundred and twenty-seven, inclusive,
and one hundred and thirty-three and not stamped or
branded as provided in section one hundred and twenty-
seven, and all other carcasses of neat cattle, horses, mules,
sheep or swine which have not been slaughtered, inspected
and stamped or branded, as provided in said sections, shall
be deemed unfit for fcxxl and shall not be sold or offere<l
for sale.

Acts, 1949. —Chap. 334. 297

Section 5. Section 130 of said chapter 94, as amended ^aV gJ'^'^
by section 4 of said chapter 213, is hereby further amended § lao, etc.,
by striking out, in Hne 4, the word "human", — and by ^^'^°^«^-
inserting after the word "counterfeits" in hne 13 the words:
— , procures or has in his possession, — so as to read as
follows: — Section ISO. Whoever sells, or offers for sale, Penalty for
or has in his possession with intent to sell, a carcass or any offermg^for
part thereof deemed unfit for food, as provided in section sale carcasses

'^ , , , , . 1 1 • in violation of

one hundred and twenty-nme, or whoever, not bemg a preceding
member of a local board of health or a duly appointed in- ®®'="°"-
spector, stamps or brands a carcass or any part thereof
required by section one hundred and twenty-seven or one
hundred and thirty-three to be stamped or branded, or
whoever being a member of a board of health or a duly
appointed inspector permits or allows the use of his stamp
or brand by one not a member of a board of health or a duly
appointed inspector, or whoever counterfeits, procures or
has in his possession any stamp or brand required by sec-
tion one hundred and twenty-seven, or whoever stamps or
brands any carcass or any part thereof with any counter-
feit stamp or brand, shall be punished by a fine of not more
than one himdred dollars or by imprisonment for not more
than two months, or both.

Section 6. Said chapter 94 is hereby further amended EjV'gpsiji
by striking out section 131, as amended bj'- section 6 of etc!, 'amended.'
chapter 332 of the acts of 1943, and inserting in place thereof
the following: — Section 131. Carcasses of neat cattle, Carcasses of
horses, mules, sheep or swine slaughtered without the tianghtered
commonwealth shall be deemed unfit for food, and shall not'^to*'be"s'oid
not be sold or offered for sale unless they have been inspected untu stamped,
at the time of slaughter by an inspector of the Bureau of '^^°'
Animal Industry of the United States Department of Agri-
culture and have been stamped or branded by said inspector;
or, in the case of carcasses slaughtered outside the United
States, unless they have been inspected at the time of
slaughter in a manner and under certification acceptable
to the Bureau of Animal Industry of the United States
Department of Agriculture and have subsequently been
examined and stamped or branded by said Bureau of Animal
Industry.

Section 7. Section 132 of said chapter 94, as appearing g. l. (Ter.
in the Tercentenary Edition, is hereby amended by inserting f 132,^*'
after the word "sale" in line 1 the word: — , handles, — so amended,
as to read as follows: — Section 132. Whoever sells or Penalty for
offers for sale, handles, or has in his possession with intent preifedrng"^
to sell, a carcass, or any part thereof, required by the pre- section.
ceding section to be stamped or branded and which has not
been stamped or branded as therein provided, shall be pun-
ished by a fine of not more than one hundred dollars or by
imprisonment for not more than two months, or both.

Section 8. Section 137 of said chapter 94, as so appear- Q- 1- (Tw.
ing, is hereby amended by inserting after the word "section" amendel.1.* ^'^^'
in line 1 the words : — one hundred and thirty, — so as to

298

Acts, 1949. — Chaps. 335, 336.

Conviction
of violation
shall void
license.

G. L. (Ter.
Ed.), 94, §
amended.

" Food "
defined.

read as follows: — Section 137. A conviction under section
one hundred and thirty, one hundred and thirty-four or
one hundred and thirty-five of any person hcensed under
section one hundred and nineteen shall render his license
void, and no new license shall be granted to him for the
balance of the term of the license so rendered void.

Section 9. Section 1 of said chapter 94 is hereby amended
by striking out the paragraph defining "Food", as appear-
ing in the Tercentenary Edition, and inserting in place
thereof the following: —

"Food", in sections one hundred and eighteen to one
hundred and fifty-one, inclusive, one hundred and fifty-
four to one hundred and fifty-six, inclusive, one hundred
and eighty-one, and one hundred and eighty-six to one
hundred and ninety-six, inclusive, includes all articles,
whether simple, mixed or compound, used for food or drink,
confectionery or condiment, by man or animal.

Approved May 24, 1949.

Chap.S35 An Act increasing the compensation of jurors.
Be it enacted, etc., as follows:

G. L. (Ter.
Ed.), 262, § 25,
etc., amended.

Compensation
of jurora
increased.

Section 25 of chapter 262 of the General Laws, as most
recently amended by section 1 of chapter 236 of the acts
of 1945, is hereby further amended by striking out, in fine 3,
the word "eight" and inserting in place thereof the word: —
ten, — and by striking out, in line 4, the word "six" and
inserting in place thereof the word: — eight, — so as to
read as follows : — Section £5. The compensation of traverse
jurors impanelled to try cases of murder in the first degree
shall be ten dollars, and that of all other traverse jurors and
of grand jurors eight dollars, for each day's service. All
jurors shall receive for each day of actual attendance five
cents a mile for travel out and home, but not for such time
as the jury is held under restraint, by order of court, at the,
expense of the county. If the expense of a juror who attends
court, necessarily and actually incurred for transportation
out and home once in each day, exceeds the amount of the
said allowance for travel, he shall be allowed the amount of
such expense in lieu of the said travel allowance. If a grand
or traverse juror is required to be in attendance for five or
more consecutive days he shall receive his fees not later than
the end of every fifth day of such attendance.

Approved May 24, 1949.

Chap.SSQ An Act increasing the membership of the soldiers*
memorial commission of the city of holyokk.

Be it enacted, etc., as follows:

Section 1. The membership of the soldiers' memorial
commission of the city of Holyoke, established by chapter
one hundred and thirteen of the acts of nineteen hundred

Acts, 1949. — Chaps. 337, 338. 299

and twenty-nine, is hereby increased by the addition of two
appointive members who shall be veterans of World War II.
Said additional members shall be appointed by the mayor,
one of whom shall be appointed to serve for two years and
the other shall be appointed to serve for three years. Their
successors shall be appointed in the same manner as the
successors of the other appointive members as provided by
the provisions of said chapter one hundred and thirteen.

Section 2. This act shall take full effect upon its accept-
ance by the board of aldermen of the city of Holyoke, subject
to the provisions of its charter, but not otherwise.

Approved May 24, 1949.

An Act authorizing the malden retirement board to Qhny 337

RETIRE JOSEPH TOBACCO. ^'

Be it enacted, etc., as follows:

Section 1. The retirement board of the city of Maiden
is hereby authorized to retire Joseph Tobacco for accidental
disability as originally voted by said board under date of
April thirteenth, nineteen hundred and forty-eight, not-
withstanding the fact that, through no fault of his own, his
application for such retirement was not seasonably filed.

Section 2. This act shall take effect upon its passage.

Approved May 25, 1949.

An Act relative to the office of mayor of the city
of haverhill and the administration of the affairs

of SAID CITY.

Be it enacted, etc., as follows:

Section 1. Notwithstanding any provision of general
law, of any special act relating to the city of Haverhill or of
any ordinance of said city, the city clerk thereof in office on
the effective date of this act shall, on said date, become
temporary mayor, under the designation of "temporary
mayor", and shall exclusively, during the period beginning
with said effective date and ending upon the qualification of
the person elected at the municipal election in the current
year to the office of mayor of said city, possess all the rights
and powers, perform all the duties and be subject to all the
obligations of mayor of said city, and during said period he
shall receive compensation as temporary mayor at the rate
now provided for him as city clerk and shall not receive
compensation as city clerk. During said period he shall be
deemed to be on leave of absence from the office of city
clerk, and the duties of said office shall be performed by the
assistant city clerk. At the end of said period, said city clerk
shall be entitled to return to and resume the duties of the
office of city clerk.

Section 2. There shall be no special election to fill any
vacancy in the office of mayor of the city of Haverhill prior

Chap.ZSS

300 Acts, 1949. — Chap. 339.

to the regular municipal election to be held in said city in
the current year, notwithstanding the provisions of section
thirty-seven of chapter five hundred and seventy-four of the
acts of nineteen hundred and eight.

Section 3. This act shall take effect upon its passage.

Approved May 25, 1949.

Chav.SSQ An Act authorizing the city of chelsea to borrow

MONEY OUTSIDE THE DEBT LIMIT FOR CERTAIN PURPOSES.

Be it enacted, etc., as follows:

Section 1. The city of Chelsea may borrow in the year
nineteen hundred and forty-nine a sum of money not ex-
ceeding four hundred thousand dollars in anticipation of
amounts to be received from the sale of real estate and
from rentals, if any, on dwellings which have been moved,
erected or constructed thereon with the proceeds of an
appropriation voted by said city on the twenty-seventh day
of September, nineteen hundred and forty-eight, for the
purpose of providing temporary shelter in accordance with
the provisions of section nineteen of chapter forty of the
General Laws, and may issue bonds or notes of the city
therefor payable in not more than two years from their
dates. Indebtedness incurred under this act shall be in
excess of the statutory limit, but shall, except as provided
herein, be subject to the applicable provisions of chapter
forty-four of the General Laws, exclusive of the provisions
contained in the first paragraph of section seven thereof.
The amount borrowed under the authority of this act may
be used by the assessors as available funds in the determina-
tion of the nineteen hundred and forty-nine tax rate of
said city.

Section 2. Notwithstanding the provisions of section
sixty-three of chapter forty-four of the General Laws, the
proceeds from the sale of real estate and from rentals if any,
as provided in section one of this act shall be used as fol-
lows : —

First, for the payment of debt and interest on debt in-
curred under authority of this act;

Second, to reimburse the city of Chelsea, in its entirety,
for all costs, charges, expenses and commitments, direct or
indirect, increased or paid by the city of Chelsea in con-
nection with providing temporary shelter for persons de-
prived of their abode by construction of the Mystic River
bridge ;

Third, to reimburse the Mystic River Bridge Authority
for any expenditures made by the Authority in connection
with providing temporary shelter for persons deprived of
their abode by construction of the Mystic River bridge;

Fourth, any balance remaining after payments have been
made as herein provided shall be divided between the city
of Chelsea and the Mystic River Bridge Authority in the

Acts, 1949. — Chaps. 340, 341. 301

proportion that the said city and the said Authority have
expended funds for temporary shelter of the persons referred
to in the preceding paragraph.

Section 3. All acts and commitments done or entered

nto by said city of Chelsea under the foregoing conditions

and circumstances shall be considered as required to be

done and entered into by reason of the aforesaid public

exigency, emergency or distress.

Section 4. This act shall take effect upon its passage.

Approved May 25, 1949.

An Act pertaining to the investment of deposits and Qfifuj 34Q

THE INCOME DERIVED THEREFROM OF SAVINGS BANKS IN ^'

obligations of federal INTERMEDIATE CREDIT BANKS.

Be it enacted, etc., as follows:

Section 54 of chapter 168 of the General Laws is hereby o. l. (Tot.
amended by inserting after clause Seventh A the following d!^seve^nth^^'

clause: — added.

Seventh B. In consolidated obligations of the federal o^depSfts!
intermediate credit banks when such consolidated obliga- etc., of savings
tions will mature in or within one year from the date of
investment therein. Approved May 25, 1949.

An Act further regulating investments by credit QfiQ/n 341

UNIONS.

Be it enacted, etc., as follows:

Chapter 171 of the General Laws is hereby amended by g. l. (Ter.
striking out section 21, as most recently amended by chapter ^tcl^'amlndei.'
76 of the acts of 1946, and inserting in place thereof the
following section: — Section 21. The capital, deposits and investments
surplus of a credit union shall be invested in loans to members, unions^ *
with approval of the credit committee, as provided in section regulated,
twenty-two, and also when so required herein, of the board
of directors; and any capital, deposits or surplus funds in
excess of the amount for which loans shall be approved by
the credit committee and the board of directors, may be
deposited in savings banks or trust companies incorporated
under the laws of this commonwealth, or in national banks
located therein, or invested in any bonds, notes, bankers'
acceptances or bank stocks which are at the time of their
purchase legal investments for savings banks in this com-
monwealth, or, to the extent authorized by section three of
chapter two hundred and sixteen of the acts of nineteen hun-
dred and thirty-two, in the shares of Central Credit Union
Fund, Inc., or in the shares of co-operative banks incor-
porated in this commonwealth, or in shares of federal savings
and loan associations having a usual place of business within
the commonwealth to an amount not to exceed five thou-
sand dollars in any one of such associations, but not more
than three per cent of the assets of a credit union shall be

302

Acts, 1949. — Chap. 342.

invested in bank stocks at any one time. At least five per
cent of the total assets of a credit union shall be carried as
cash on hand or as balances due from banks and trust com-
panies, or invested in the bonds or notes of the United States,
or of any state, or subdivision thereof, which are legal in-
vestments for savings banks as above provided, or in the
shares of Central Credit Union Fund, Inc.; provided, that
such bonds, notes or shares are the absolute property and
under the control of such credit union. Whenever the afore-
said ratio falls below five per cent, no further loans shall be
made until the ratio as herein provided has been re-estab-
lished. Investments, other than personal loans, shall be
made only with the approval of the board of directors. Sub-
ject to such approval and to the approval of the commis-
sioner, a credit union may invest a sum not exceeding its
guaranty fund and other surplus accounts in the purchase
of a suitable site and the erection or preparation of a suitable
building for the convenient transaction of its business.

Approved May 25, 1949.

Cha7).S42 ^^ ^^'^ RELATIVE TO CERTAIN EXEMPTIONS FROM THE
EXCISE ON REGISTERED MOTOR VEHICLES AND TRAILERS.

G. L. (Ter.
Ed.). 60A, § 1.
etc., amended.

Certain
registered
motor vehiclea
and trailers
exempt from
excise tax.

Be it enacted, etc., as follows:

Section 1 of chapter 60A of the General Laws is hereby
amended by striking out the fourth paragraph, as most
recently amended by section 1 of chapter 718 of the acts
of 1941, and inserting in place thereof the following para-
graph : —

The excise imposed by this section shall not apply to
motor vehicles or trailers owned and registered by the com-
monwealth or any political subdivision thereof, or to motor
vehicles or trailers owned and registered by a corporation
whose personal property is exempt from taxation under
clause Third of section five of chapter fifty-nine. Motor
vehicles or trailers owned or controlled by a manufacturer
or repairman to whom has been issued a general distinguish-
ing number or mark under section five of chapter ninety,
and motor vehicles or trailers owned or controlled by a
dealer to whom has been so issued a general distinguishing
number or mark, shall be exempt from the excise imposed
by this section, upon application in writing filed with the
assessors, if and so long as such motor vehicle or trailer is
operated or propelled over the highways solely in connection
with the business of the o"WTier or controller as such manu-
facturer, dealer or repairman and in no way for his personal
use or convenience or the personal use and convenience of
his family or any other person; provided, that such appli-
cation shall contain a statement subscribed by such owner
or controller to the efTect that such motor vehicle or trailer
is and will be operated or propelled only in the manner
aforesaid. Approved May 26, 1949.

Acts, 1949. — Chap. 343. 303

An Act relative to the leasing by cities and towns Chap.S4S
OF suitable headquarters for veterans' organ-
izations.

Be it enacted, etc., as follows:

Section 1. Chapter 40 of the General Laws is hereby g. l. (Ten
amended by striking out the first paragraph of section 9, etc!, amended,
as most recently amended by section 3 of chapter 118 of
the acts of the current year, and inserting in place thereof
the following paragraph : — A city or town may, for the Leasing by
purpose of providing suitable headquarters for such post or tow^s'^of
posts of any veterans' organization incorporated or chartered ['or^^ereraM'*
by the congress of the United States, as have been in opera- organizations,
tion for at least three years, lease for a period not exceeding ^^^^
five years buildings or parts of buildings which shall be
under the direction and control of such post or posts subject
to regulations made in cities by the mayor with the approval
of the council and in towns by vote of the town, and for
said purposes a town with a valuation of less than five
million dollars may annually appropriate not more than
two thousand dollars; a town with a valuation of five
million dollars but not more than twenty-five million dollars
may annually appropriate not more than three thousand
dollars; a town with a valuation of more than twenty-five
million dollars but not more than fifty million dollars may
annually appropriate not more than four thousand dollars;
a town with a valuation of more than fifty million dollars
but not more than seventy-five million dollars may annually
appropriate not more than five thousand dollars; a town
with a valuation of more than seventy-five million dollars
but not more than one hundred million dollars may annually
appropriate not more than six thousand dollars; a town
with a valuation of more than one hundred million dollars
but not m^ore than one hundred and twenty-five million
dollars may annually appropriate not more than seven
thousand dollars; a town with a valuation of more than one
hundred and twenty-five million dollars but not more than
one hundred and fifty million dollars may annually appro-
priate not more than eight thousand dollars; and a town
with a valuation of more than one hundred and fifty million «
dollars may annually appropriate eight thousand dollars,
and in addition three thousand dollars for each additional
one hundred and fifty million dollars of valuation, or major
fraction thereof. The city council of a city may, by a two
thirds vote, appropriate money for armories for the use of
the state militia, for the celebration of holidays, for the
purpose of providing or defraying the expenses of suitable
quarters for posts of the Grand Army of the Republic,
including the heating and lighting of such quarters, and for
other like public purposes to an amount not exceeding in
any one year one fiftieth of one per cent of its valuation for
such year.

304 Acts, 1949. — Chaps. 344, 345.

Section 2. The provisions of section nine of chapter
forty of the General Laws, as existing immediately prior to
the effective date of this act, shall continue to apply in a
city or town with respect to the veterans' organizations
specified in said provisions as so existing.

Approved May 25, 1949.

Chap. 34:4: An Act authorizing the city of newton to sell and

CONVEY certain LAND HELD BY IT FOR PLAYGROUND
PURPOSES.

Be it enacted, etc., as follows:

Section 1. The city of Newton, by its mayor when so
authorized by the board of aldermen, may sell and convey
free and clear from any obligation to use the same for play-
ground purposes and any other public purposes a certain
parcel of land situated on Winchester street in said city and
described as follows : — Beginning at a point in the easterly
line of Winchester street distant 94.90 feet northerly from
the southerly tangent point of a curve of 760.73 radius in
said easterly line of Winchester street; thence northerly
100.72 feet bj'- Winchester street; thence easterly 194 feet
by land of George C. Scully and William R. Scully; thence
southerly 100 feet by Upland avenue; thence westerly 205.52
feet bj;- land of Arkley S. Richards to the point of beginning.
Said parcel of land containing 20,059 square feet is shown as
Lot 47 of Section 53, Block 27 on the Assessors' Plans, and
being the same lot as taken for playground purposes and
shown as Plan No. 23031, dated November 10, 1930, William
P. Morse, City Engineer. The title to said parcel of land
was formerly in the name of Dewey G. Freeman — area
19,800 square feet.

Section 2. The proceeds of the sale of said real estate
shall be used only for the purpose of improving parks and
playgrounds laid out under chapter forty-five of the General
Laws.

Section 3. This act shall take full effect upon its ac-
ceptance by the recreation commission and by the board of
aldermen of said city, subject to the provisions of its charter,
during the current year. Approved May 25, 1949.

Chap. 345 ^ ^^'^ prohibiting hairdressing schools charging

FOR SERVICES OR MATERIALS USED IN CONNECTION WITH
hairdressing or MANICURING.

Be it enacted, etc., as follows:

Edxiv!!' Section 87U of chapter 112 of the General Laws, as most

§ sVij, etc.. recently amended by section 3 of chapter 626 of the acts of

amen e . 1941^ js hereby further amended by inserting after the word

"customer", in line 7, the words: — , and no school shall

directly or indirectly make any charge for services or materials

in connection with such practice of hairdressing or mani-

Acts, 1949. — Chap. 346. 305

curing, — so as to read as follows: — Section 87 U. All ^^aijdre^mg
students enrolled in registered schools shall, within fifteen not charge for
days after entering upon their courses of study, be registered materilCetc.
with the board by such schools. Students at registered
schools may, within such fifteen day period, register with
the board. No fee shall be required for such registration.
No student shall practice hairdressing or manicuring upon
any paying customer, and no school shall directly or in-
directly make any charge for services or materials in con-
nection with such practice of hairdressing or manicuring.
A school shall not pay a student for any services rendered
by him. Approved May 25, 1949.

An Act making certain changes in the laws relative Chap.^4:Q
TO carriers of property by motor vehicle for com-
pensation.

Be it enacted f etc., as follows:

Section 1. Section 2 of chapter 159B of the General Edw^JaBs-^
Laws, as amended, is hereby further amended by inserting etc!,'amended7'
after the paragraph defining "Person", as appearing in
section 1 of chapter 483 of the acts of 1938, the following
paragraph : —

"Property", any physical matter whatsoever, regardless -Property"
of value, over which the right of ownership or control may '^'-'^"'^'^
be exercised, including currency, documents and papers of
all kinds.

Section 2. Section 14 of said chapter 159B, as most o. l. (Ter.
recently amended by section 6 of chapter 400 of the acts of f i4;eU!^.^'
1945, is hereby further amended by inserting after the word amended
"carrier", in line 2, the words: — or interstate licensee, —
so as to read as follows: — Section I4. Every motor carrier Motor
or interstate licensee while operating on any way, when fntwstate'^
requested by an investigator or examiner of the commercial licensees
motor vehicle division of the department, who is in uniform rnspecUoS
or who displays the proper insignia of his office, shall stop circumstan^c'cB.
and submit to said investigator or examiner all transportation
documents, including bills of lading, way bills and other
papers relating to his cargo which are in his possession and
shall submit the cargo and other contents, if any, of his
motor vehicle to such reasonable examination as may be
necessary to inform the investigator or examiner of the
nature and weight thereof. No such investigator or examiner
shall make a detailed examination of the cargo or other
contents of the motor vehicle at a place where the motor
vehicle does not stop for purposes of loading or delivery,
and no motor vehicle shall be unduly delayed for the purpose
of weighing or be required to turn back upon or substantially
to detour from the route upon which it was traveUing when
stopped by the investigator or examiner. Any such carrier
who, personally or by his agent, violates any provision of
this section shall be punished by a fine of not more than
twenty-five dollars. Approved May 26, 1949.

306

Acts, 1949. — Chap. 347.

G. L. (Ter.
Ed.), 2U, § 1,
etc., amended.

Certain
women
liable to
serve as
jurors in
certain oases.

Chap.S47 An Act regulating the preparation of jury lists and

MAKING WOMEN, WITH CERTAIN EXCEPTIONS, LIABLE TO
SERVE AS JURORS IN CERTAIN CASES.

Be it enacted, etc., as follows:

Section 1. Chapter 234 of the General Laws is hereby
amended by striking out section 1, as most recently amended
by chapter 25 of the acts of 1936, and inserting in place
thereof the following section : — Section 1 . A person of either
sex qualified to vote for representatives to the general court,
whether a registered voter or not, shall be liable to serve as
a juror, except that the following persons shall be exempt:

The governor; lieutenant governor; members of the
council; state secretary; members and officers of the senate
and house of representatives during a session of the general
court; judges and justices of a court; county commission-
ers; clerks of courts and assistant clerks and all regularly
appointed officers of the courts of the United States and of
the commonwealth; registers of probate and insolvency;
registers of deeds; sheriffs and their deputies; constables;
marshals of the United States and their deputies, and all
other offilcers of the United States; attorneys at law; settled
ministers of the gospel; officers of colleges; preceptors and
teachers of incorporated academies; registered practicing
physicians and surgeons; persons over seventy years of
age; persons under twenty- five years of age; members of
the Ancient and Honorable Artillery Company; members
of the volunteer militia; superintendents, officers and as-
sistants employed in or about a state hospital, insane hospital,
jail, house of correction, state industrial school or state
prison; keepers of lighthouses; conductors and engine
drivers of railroad trains ; teachers in pubhc schools; engine-
men and members of the fire department of Boston, and of
other cities and towns in which such exemption has been
made by vote of the city council or the inhabitants of the
town; Christian Science practitioners and readers, respec-
tively; women trained nurses; women assistants in hospitals;
women attendant nurses; mothers of children under sixteen
years of age or women having custody of such children and
women members of religious orders.

Section 2. Said chapter 234 is hereby further amended
by inserting after section 1 the following section: — Sec-
tion lA. If at any time it appears that the public interest
will be served by excusing any person from jury service, or
if the performance thereof will impose undue hardship or
unusual inconvenience upon any person, the judge presiding
at the court to which the juror has been called for service
may excuse such person from jury duty.

No woman shall be required to serve in the trial of any pros-
ecutions under sections twenty-two to twenty-four, inclusive,
of chapter two hundred and sixty-five or under sections one
to thirty-five, inclusive, of chapter two hundred and seventy-
two if, upon her representation it appears to the presiding jus-

G. L. (Ter.

Ed.), 234, new
§ lA, added.

Women not

to serve as
jurors in
certain cases.

Acts, 1949. — Chap. 347. 307

tice that she would be Hkely to be embarrassed by hearing
the testimony or by discussing the same in the jury room.

Section 3. Section 4 of said chapter 234 is hereby g. l. (Ter.
amended by striking out the first paragraph, as appearing amended." ^ *'
in the Tercentenary Edition, and inserting in place thereof
the following paragraph : — The board of election commis- List oi
sioners in cities having such boards, the board of registrars IJ^fud "nLmes
of voters in other cities and the board of selectmen in towns "f^-^™''" '^^'^
shall annually before July first prepare a list of such inhabit- exemption in
ants of the city or town, qualified as provided in section one, '*'"*"^^-
of good moral character, of sound judgment and free from
all legal exceptions, not exempt from jury service under
section one or two, as they think qualified to serve as jurors.
The board shall place on said list only the names of persons
determined to be qualified as aforesaid upon the knowledge
of one of its members, or after personal appearance and
examination under oath, or after examination in the form
of a questionnaire, approved by the state secretary, to be
answered under oath, except that the board shall not place
the name of any woman on s^iid list if, in such personal
appearance and examination or in such questionnaire, she
claims, in writing, exemption from jury service. The board
may summon persons to appear before it for examinations
as to their qualifications for jury service and may compel
their attendance before it and the giving of testimony in the
same manner and to the same extent as may magistrates
authorized to summon and compel the attendance of wit-
nesses. Such examinations may be held before a single
member of the board and for the aforesaid purpose each
member may administer oaths. The board may further
investigate by inquiries at such person's place of residence
and of business or employment, or by other means, his repu-
tation, character and fitness for such service. The chief of
police or the police commissioner or the official having charge
of the police shall upon request give the board all possible
assistance in making such investigation. Upon the request
of the board or any member thereof, any person shall answer
all questions and give such information as he may have
relating to the character or fitness for jury service of any
person concerning whom such request is made, which informa-
tion shall be confidential. To the name of each juror on
said list shall be appended his place of residence and of
business or occupation.

Section 4. Section 25 of said chapter 234, inserted by g. l. (Ter.
section 1 of chapter 428 of the acts of 1945, is hereby amended Jtl! amended^.'
by striking out, in line 12, the word "men" and inserting
in place thereof the word : — persons, — so that the third
sentence will read as follows : — The persons so drawn shall impaneuing.
be duly sworn and impanelled and, subject to said section
twenty-six B, shall be the jury to try the issue, and one of
them shall be appointed foreman by the court.

Section 5. This act shall take effect on July first, Effective date.
nineteen hundred and fifty. Approved May 26, 1949.

308 Acts, 1949. — Chaps. 348, 349, 350.

Chap.S^S A^N Act relative to the tax exemption of property

OWNED BY certain STATES OF THE UNITED STATES OF
AMERICA IN THE TOWN OP WEST SPRINGFIELD.

Be it enacted, etc., as follows:

Section 1. Chapter 261 of the acts of 1920 is hereby
amended by striking out section 1 and inserting in place
thereof the following: — Section 1. Land in the town of
West Springfield heretofore conveyed by Eastern States
Agricultural and Industrial Exposition, Inc., a business
corporation dissolved by section one of chapter two hundred
and seventy-three of the acts of nineteen hundred and twenty-
eight, or heretofore or hereafter conveyed by Eastern States
Exposition, an agricultural society incorporated under gen-
eral law on June twenty-sixth, nineteen hundred and twenty-
three, to any state or states of the United States of America
and the buildings and other tangible property thereon owned
by any such state or states, located on or within the exposi-
tion grounds of said Eastern States Exposition, shall be
exempt from local taxation while such property is used ex-
clusively by the state owning the same for exhibition and
sales purposes connected with the promotion of the indus-
trial, agricultural or recreational resources of such state or
states and duly authorized by such state or states; pro-
vided, that not more than five acres of land owned by each
such state shall be so exempt.

Section 2. This act shall take effect upon its passage.

Approved May 27, 1949.

C/ia». 349 ^^ ^^^'^ authorizing the town or edgartown to take

LAND BY EMINENT DOMAIN FOR THE CONSTRUCTION OF A
CHANNEL FROM POCHA POND TO CAPE POQUE POND.

Be it enacted, etc., as follows:

Section 1. The selectmen of the town of Edgartown may
take by eminent domain under chapter seventy-nine of the
General Laws such land in said town or rights therein as
may be necessary for the construction of a channel to con-
nect Pocha pond in said town with Cape Poque pond. The
selectmen may assess betterments under chapter eighty of
the General Laws for any improvements resulting from such
construction. Any person injured in his property by any
action of said selectmen under this act may recover damages
from said town under said chapter seventy-nine.

Section 2. This act shall take effect upon its passage.

Approved May 27, 1949.

Chdp.SdO ^ -^^^ AUTHORIZING THE DIRECTOR OF THE DIVISION OF
LAW ENFORCEMENT IN THE DEPARTMENT OF CONSERVA-
TION TO APPOINT DEPUTY CONSERVATION OFFICERS AND
DEPUTY COASTAL WARDENS.

preambi^^ Whereas, The deferred operation of this act would tend

to defeat its purpose, which is, in part, to provide for the

Acts, 1949. —Chaps. 351, 352. 309

appointment without delay of deputy conservation officers
and deputy coastal wardens, therefore this act is hereby
declared to be an emergency law, necessary for the immediate
preservation of the public convenience.

Be it enacted, etc., as follows:

The first sentence of the last paragraph of section 5 of Edo.i/.l-.,
chapter 21 of the General Laws, as appearing in section 1 etc.'am.'n.dV.j.
of chapter 651 of the acts of 1948, is hereby amended by
adding at the end the words: — , and may, subject to hke
approval, appoint deputy conservation officers and deputy
coastal wai-dens but not more than three such deputies shall
be appointed to serve at any one time with each conservation
officer and each coastal warden, — so as to read as follows: —
Said director of the division of law enforcement may, sub- ^j^y'^appoint
ject to the approval of the commissioner, appoint for a term deputy
of five years a chief coastal warden and a chief conservation officer^ai'd"
officer, and may, subject to like approval, appoint deputy ^'«^g"^*J
conservation officers and deputy coastal wardens but not wardens.
more than three such deputies shall be appointed to serve
at any one time with each conservation officer and each
coastal warden. Approved May 27, 19Jf9.

An Act authorizing the cotuit fire district to raise and (JJiap.S^l

APPROrRIATE MONEY FOR THE BENEFIT OF THE COTUIT
PUBLIC LIBRARY- AND FOR THE PURCHASE OF WAR MEMORIALS
IN SAID DISTRICT.

Be it enacted, etc., as follows:

Section 1. The Cotuit Fire District, organized under
authority of chapter three hundred and twenty-eight of the
acts of nineteen hundred and twenty-six, and chapter two
hundred and forty-four of the acts of nineteen hundred and
thirty-five, is hereby authorized, in addition to the authority
given by said acts, to raise and appropriate and expend
money for the maintenance of the Cotuit public library
located in the town of Barnstable and within the territory
comprising said district, and to raise and appropriate and
expend money for a suitable war memorial or memorials
within the said district.

Section 2. This act shall take effect upon its passage.

Approved May 27, 1949.

An Act relative to the status of certain persons
provisionally employed as firemen in the fire de-
partment of the city of lynn.

Be it enacted, etc., as follows:

Section 1. Persons who were provisionally employed as
firemen in the fire department of the city of Lynn for at
least one year immediately prior to February first, nineteen
hundred and forty-nine, and are still so employed on the
effective date of this act, and who passed a mental civil

Chap.Sb2

310 Acts, 1949. — Chaps. 353, 354.

service examination held on June fourteenth, nineteen hun-
dred and forty-seven, but failed to meet the height require-
ments because of existing standards fixed bj'' ordinance of
said city, are hereby declared to be eligible for fire service in
said city and their names shall be placed on the eligible list
for the period of eligibility provided for by the civil service
law and rules; provided, that the city physician of said city
certifies that such persons are competent physically to per-
form the duties of firemen in said fire department.

Section 2. This act shall take effect upon its passage.

Approved May 27, 1949.

Chap.S5S An Act authorizing the town of Warwick to borrow

MONEY FOR SCHOOL PURPOSES.

Be it enacted f etc., as follows:

Section 1. For the purposes of constructing an addition
to the center school building, and originally equipping and
furnishing said addition, the town of Warwick may borrow,
from time to time, within a period of five years from the
passage of this act, such sums as may be necessary, not ex-
ceeding, in the aggregate, twenty-five thousand dollars, and
may issue bonds or notes of the town therefor which shall
bear on their face the words, Warwick School Loan, Act of
1949. Each authorized issue shall constitute a separate loan
and such loans shall be paid in not more than twenty years
from their dates. Indebtedness incurred under this act shall
be in excess of the statutory limit of indebtedness and shall,
except as herein provided, be subject to the provisions of
chapter forty-four of the General Laws, exclusive of the
limitation contained in the first paragraph of section seven
thereof.

Section 2, This act shall take effect upon its passage.

Approved May 27, 194-9.

C/?.ap. 354 An Act authorizing the city of medford to reim-
burse WILLIAM F. SULLIVAN FOR MEDICAL AND HOSPITAL
EXPENSES INCURRED BY HIM ON ACCOUNT OF INJURIES
SUSTAINED BY HIS SON IN THE GYMNASIUM OF 'J HE
MEDFORD HIGH SCHOOL.

Be it eiiacted, etc., as follows:

Section 1 . For the purpose of discharging a moral obliga-
tion, the city of Medford may appropriate and pay to
Williaii) F. Sullivan the sum of three hundred dollars to
reimburse him for expense of medical care and hospital
expenses incurred by him on account of injuries sustained
on February seventh, nineteen hundred and forty-seven,
by his minor son, Richard Leo Sullivan, in the gymnasium
of the Medford high school in said city.

Section 2. The action of the city council of said city
in voting an ai^propriation prior to the effective date of

Acts, 1949. —Chap. 355. 311

this act for the purpose stated in section one shall be as
vaUd and legal as though this act had been in full force and
effect at the time such vote was taken.

Approved May 27, 191^9.

An Act extending the time within which the town Chap.Sbb
OF merrimac may borrow money for school purposes,

AND increasing THE AMOUNT WHICH MAY BE SO BORROWED.

Be it enacted, etc., as follows:

Section 1. Section 1 of chapter 217 of the acts of 1946
is hereby amended by striking out, in line 5, the word "five"
and inserting in place thereof the word: — seven, — and
by striking out, in line 7, the words ''one hundred and fifty"
and inserting in place thereof the words : — four hundred, —
so as to read as follows : — Section 1 . For the purpose of
acquiring land for, and the constructing of, a new consoli-
dated school building, including the original equipment
and furnishing of such new buUding, the town of Merrimac
may borrow from time to time, within a period of seven
years from the passage of this act, such sums as may be
necessary, not exceeding, in the aggregate, four hundred
thousand dollars, and may issue bonds or notes therefor,
which shall bear on their face the words, Merrimac School
Loan, Act of 1946. Each authorized issue shall constitute
a separate loan, and such loans shall be paid in not more
than twenty years from their dates, but no issue shall be
authorized under the provisions of this act unless a sum
equal to twenty-five cents on each one thousand dollars of
the assessed valuation of the town for the year preceding
the vote has been appropriated from available funds or
voted to be raised by taxation for said purpose in the year
in which the loan is authorized. Indebtedness incurred
under this act shall be in excess of the statutory limit, but
shall, except as provided herein, be subject to chapter forty-
four of the General Laws.

Section 2. This act shall be submitted for acceptance
to the voters of said town at the next annual town meeting
in the form of the following question, which shall be placed
on the official ballot to be used for the election of town
officers at said meeting: "Shall an act passed by the General
Court in the year nineteen hundred and forty-nine, entitled
'An Act extending the time within which the town of Mer-
rimac may borrow money for school purposes, and increasing
the amount which may be so borrowed' be accepted?" If a
majority of the votes in answer to said question is in the
affirmative, then this act shall thereupon become fully
effective, but not otherwise. Approved May 27, 19^9.

312

Acts, 1949. — Chaps. 356, 357,

Chav.Z56 An Act relative to the sale of certain land used

FOR veterans' housing BY THE CITY OF BOSTON.

Be it enacted, etc., as follows:

Property heretofore or hereafter acquired by the city of
Boston by foreclosure of tax titles and heretofore or hereafter
used for veterans' housing under chapter three hundred and
seventy-two of the acts of nineteen hundred and forty-six
and acts in amendment thereof, shall be sold or otherwise
disposed of by said city, and the proceeds thereof accounted
for, solely in the manner provided in said chapter three
hundred and seventy-two, as amended, notwithstanding
the provisions of chapter four hundred and thirty-four of
the acts of nineteen hundred and forty-three, as amended.

Approved May 27, 1949.

Chav 357 ^^ ^^"^ relative to the periodic verification of ac-
counts IN SAVINGS BANKS, CO-OPERATIVE BANKS AND
THE SAVINGS DEPARTMENTS OF TRUST COMPANIES.

G. L. (Ter.
Ed.), 168, I 28,
etc., amended.

Savings
banks

deposits to be
verified
periodically.

G. L. (Ter.
Ed.), 170, § 53,
etc., amended.

Co-operative
bank deposits
to be verified
periodically.

G. L. (Ter.
Ed.), 172, § 70,
amended.

Trust
company
deposits to be
verified
periodically.

Repeal.

Be it enacted, etc., as follows:

Section 1. Chapter 168 of the General Laws is hereby
amended by striking out section 28, as amended by section
11 of chapter 334 of the acts of 1933, and inserting in place
thereof the following section : — Section 28. At least once in
each three-year period commencing with the first day of
January in the year nineteen hundred and fifty, such cor-
porations shall cause the accounts of their depositors and
their other accounts to be verified, to such an extent and
in such manner as the commissioner shall require, and under
rules prescribed by him.

Section 2. Section 53 of chapter 170 of the General
Laws, as a])pearing in chapter 144 of the acts of 1933, is
hereby amended by adding at the end the following sentence:
— At least once in each three-year period commencing with
the first day of January in the year nineteen hundred and
fifty, every such corporation shall cause the accounts of its
members and its other accounts to be verified, to such an
extent and in such manner as the commissioner shall require,
and under such rules as he may prescribe.

Section 3. Chapter 172 of the General Laws is hereby
amended by striking out section 70, as appearing in the
Tercentenary Edition, and inserting in place thereof the
following section: — Section 70. At least once in each three-
year period commencing with the first day of January in
the year nineteen hundred and fifty, every such trust com-
pany shall cause the accounts of the savings department to
be verified, to such an extent and in such manner as the
commissioner shall require, and under such rules as he may
prescribe.

Section 4. Chapter 19 of the acts of 1948 is hereby
repealed. Approved May 27, 1949.

Acts, 1949. —Chaps. 358, 359. 313

An Act providing that certain motor vehicles shall be ni.^j. oco

EQUIPPED with safety GLASS WHICH HAS BEEN APPROVED ^ '

BY THE REGISTRAR OF MOTOR VEHICLES.

Be it enacted, etc., as follows:

Chapter 90 of the General Laws is hereby amended by g.l. (Xer.
striking out section 9A, as most recently amended by sec- etc!, 'amRnVied '
tion 1 of chapter 393 of the acts of 1935, and inserting in
place thereof the following section: — Section 9 A. No per- Certain
son shall operate any motor vehicle, and the owner or ^eMcLs must
custodian of a motor vehicle shall not pennit the same to be ^g^^ tfndows,
operated with partitions, doors, windows or windshields of etc.
glass unless such glass is of a type known as safety glass.
The term "safety glass", as used herein, shall include any gi|^v\^defincd.
glass designed to minimize the likelihood of personal injury
from its breaking or scattering when broken, and approved
by the registrar. This section shall not apply to motor
vehicles manufactured prior to January first, nineteen hun-
dred and thirty-six. Approved May 27, 1949.

An Act further regulating the power of the super- "p.ooy

INTENDENT OF SCHOOLS OF THE CITY OF BOSTON TO NOMI-
NATE PERSONS WHO HAVE BEEN EXAMINED AND RATED
UNDER CIVIL SERVICE TO THE SCHOOL COMMITTEE FOR
ELECTION OR APPOINTMENT BY IT.

Be it enacted, etc., as follows:

Section 1. The third paragraph of section 1 of chapter
231 of the acts of 1906, as most recently amended by sec-
tion 1 of chapter 497 of the acts of 1946, is hereby further
amended by inserting after the word "committee" in line 5
the words : — , except persons who have been examined and
rated under civil service and whose appointment is provided
for under chapter thirty-one of the General Laws and the
rules and regulations issued thereunder, and, — so as to
read as follows : —

The superintendent shall be the executive officer of the
school committee in all matters pertaining to the powers and
duties of the committee, with power to nominate to the com-
mittee, for election or appointment by the committee, all
other officials and employees of the committee, except per-
sons who have been examined and rated under civil service
and whose nppointment is provided for under chapter thirty-
one of the General Laws and the rules and regulations issued
thereunder, and, except the secretary of the school com-
mittee.

Section 2. Nothing in section one of this act shall be
deemed to affect, alter, modify, nullify or amend any pro-
vision of chapter thirty-one of the General Laws and the
rules and regulations made thereunder.

Approved May 27, WJfB.

314 Acts, 1949. — Chaps. 360, 361.

Chav.S60 A-N Act authorizing the town of weymouth to use cer-
tain LAND FOR PARK PURPOSES.

Be it enacted, etc., as follows:

Section 1. The town of Weymouth is hereby author-
ized to transfer from the control and supervision of the water
commissioners to that of the park commissioners the follow-
ing described land : — an area two hundred and fifty feet
in depth west of the school department property line by
four hundred feet south along said boundary line from a
point one hundred feet south of the Austin property south-
west boundary stake to the Shaw property northwest stone
monument and thence one hundred feet south along the
Shaw property west boundary.

Section 2. This act shall take eJEfect upon its acceptance
by a majority of the town meeting members of the town of
Weymouth present and voting thereon at a meeting legally
called for the purpose. Approved May 27, 1949.

Chav.S61 An Act providing for the licensing of mechanical
amusement devices and regulating the operation
thereof.

Be it enacted, etc., as follows:

Ed V' 140 "^ new Chapter 140 of the General Laws is hereby amended by
I 177 A. added, inserting after section 177, as appearing in the Tercentenary
Edition, the following section under the caption automatic
Automatic AMUSEMENT DEVICES: — Scctiou 177A. (1) The licensing
d™^^''"* authorities of any city or town may grant, and after written
Licensed Dotice to the licensee, suspend or revoke a license to keep

auth'oruies. ^nd opcratc an automatic amusement device for hire, gain
or reward, approved by the director of standards and neces-
saries of life under section two hundred and eighty-three of
chapter ninety-four.
"Automatic (2) The term "automatic amusement device" as used in

amusement , i . , • i n i , i • i. •

device", this scction shall be construed as meaning any mechanism

defined. whcrcby, upon the deposit therein of a coin or token, any

apparatus is released or set in motion or put in a position
where it may be set in motion for the purpose of playing
any game involving, in whole or in part, the skill of the
player, including, but not exclusively, such devices as are com-
monly known as pinball machines including free play pinball
machines.
License to (3) Liccuscs granted under this section, unless sooner

certain revokcd, shall expire on December thirty-first of each year,

information. Every such liccnsc shall specify the street and number of
the premises where the automatic amusement device is to
be kept or offered for operation or give some particular
description of such premises, shall state the type of the
automatic amusement device to which it relates, and shall
cover any automatic amusement device of the same type
which as a substitute or replacement for the automatic

Acts, 1949. — Chap. 362. 315

amusement device licensed, may, during the term of the
license, be kept or offered for operation on the premises
specified; but such license shall under no circumstances cover
an automatic amusement device of a type other than the
type stated in such license; and such license shall not cover
the automatic amusement device if in any place other than
the premises from time to time specified in such license. No
such license shall specify more than one premises at one
time. Upon written application, the licensing authority may
from time to time amend any license granted under this sec-
tion by changing the premises specified.

(4) The annual fee for a license under this section for any Fee.
automatic amusement device licensed hereunder, or for anj'
renewal thereof, shall be twenty dollars. The fee for any
license issued after January thirty-first in any year shall

be prorated on the basis of the number of months in which
the license is to be in force compared with twelve months.
The fee for every change of premises shall be two dollars.

(5) Automatic amusement devices licensed under this
section shall be so installed on the premises described in the
license as to be in open view at all times while in operation,
and shall at all times be available for inspection.

(6) No person keeping or ofi'ering for operation or allow-
ing to be kept or offered for operation any automatic amuse-
ment device licensed under this section shall permit the same
to be used for the purpose of gambling.

(7) The provisions of section seven of chapter two hun-
dred and seventy-one of the General Laws shall not apply
to machines licensed under the provisions of this section.

(8) Any violation of any provision of this section or of
chapter one hundred and, thirty-six of the General Laws by
any person managing or controlling any premises where an
automatic amusement device licensed under this section is
kept or offered for operation shall be cause for the revocation
of all licenses for automatic amusement devices kept or
offered for operation on such premises.

Approved May 27 y 191^9.

An Act empowering the boston traffic commission to nhn^) 362

PROVIDE BY RULE OR REGULATION FOR THE REMOVAL FROM ^'

WAYS WITHIN ITS JURISDICTION OF VEHICLES PARKED OR
STANDING ON SUCH WAYS IN VIOLATION OF LAW.

Be it enacted, etc., as follows:

Section 1. Section 2 of chapter 263 of the acts of 1929
is hereby amended by adding at the end of the first sentence
the following : — , and may, by any rule or regulation
adopted hereunder, authorize one or more officials of the
city, including in such term said police commissioner, to
remove, or cause to be removed, to some convenient place,
including in such term a public garage, any vehicle parked
or standing on any such street, wa3% highway, road or park-
way in violation of any rule or regulation adopted hereunder,

316 Acts, 1949. — Chaps. 363, 364.

and impose liability for the cost of such removal, and of the
storage charges, if any, resulting therefrom, upon the owner
of such vehicle, — so that the first sentence will read as
follows: — The commission shall have exclusive authority,
except as otherwise herein provided, to adopt, amend, alter
and repeal rules and regulations, not inconsistent with gen-
eral law as modified by this act, relative to vehicular street
traffic in the city, and to the movement, stopping or stand-
ing of vehicles on, and their exclusion from, all or any streets,
ways, highways, roads and parkways, under the control of
the city, including rules and* regulations designating any way
or part thereof under said control as a through way under
and subject to the provisions of section nine of chapter
eighty-nine of the General Laws, as amended, and may
prescribe penalties not exceeding fifty dollars for the viola-
tion of any rule or regulation adopted hereunder, and may,
by any rule or regulation adopted hereunder, authorize one
or more officials of the city, including in such term said
police commissioner, to remove, or cause to be removed, to
some convenient place, including in such term a public
garage, any vehicle parked or standing on any such street,
way, highway, road or parkway in violation of any rule or
regulation adopted hereunder, and impose h ability for the
cost of such removal, and of the storage charges, if any,
resulting therefrom, upon the owner of such vehicle.

Section 2. This act shall take full effect upon its ac-
ceptance, during the current year, by vote of the city coun-
cil of the city of ]3oston, subject to the provisions of its charter,
but not otherwise. Approved May 27y 1949.

Chap.SQS An Act authorizing the submission to the voters

OF THE CITY OF MEDFORD OF A QUESTION RELATIVE TO
THE ESTABLISHMENT OF KINDERGARTENS IN THE PRIMARY
SCHOOLS OF SAID CITY.

Be it enacted, etc., as follows:

At the regular municipal election in the city of Modford
in the current year there shall be submitted to the voters
thereof the following question which shall be printed upon
the official ballot to be used at said election: — "Shall
kindergartens be established in the primary schools of the
city of Medford?" If a majority of the votes in answer to
said question is in the affirmative, said city shall establish
kindergartens in the primary schools thereof.

Approved May 27, 1949.

Chor).SQ4: An Act relative to the retirement allowance of

ARTHUR D. MADDEN, A FORMER SCHOOL JANITOR IN THE
CITY OF MALDEN.

Be it enacted, etc., as follows:

Section 1. The city of Maiden is hereby authorized
to pay Arthur D. Madden, a former school janitor, a pension

Acts, 1949. — Chaps. 365, 366. 317

in the sum of one thousand and twenty-three dollars and
twenty-five cents per annum, the said sum being ecuiivalent
to one half the highest annual salary received by said Arthur
D. Madden as a school janitor. Said payment shall be re-
troactive to June twenty-sixth, nineteen hundred and forty-
c^ix, and there shall be deducted from said payments the
sums heretofore paid to said Arthur D, Madden by said
city on account of said pension.

Section 2. This act shall take full effect upon its ac-
ceptance by vote of the city council of said city, subject to
the provisions of its charter, but not otherwise.

Approved May 27, 1949.

An Act relatrce to the retirement allowance of Qji^jf 355

JOHN J. MUVPHY, A FORMER SCHOOL JANITOR IN THE
CITY OF MALDEN.

Be it enacted, etc., as follows:

Section 1. The city of Maiden is hereby authorized
to pay John J. Murphy, a former school janitor, a pension
in the sum of eleven hundred and twenty-five dollars and
seventy-five cents per annum, the said sum being equivalent
U) one half the highest annual salary received b}' said John
.J. Murph}'- as a school janitor. Said payment shall be re-
troactive to April twenty-third, nineteen hundred and
forty-seven, and there shall be deducted from said payments
the sums heretofore paid to said John J. Murphy by said
city on account of said pension.

Section 2. This act shall take full effect upon its ac-
ceptance by vote of the city council of said city, subject to
the provisions of its charter, but not otherwise.

Approved May 27, 1949.

An Act relative to the retirement of mart barrows cV/od 366

FROM service IN THE CAMBRIDGE POLICE DEPARTMENT. ' ' '

Be it enacted, etc., as folio tva:

Section 1. Any provision of general or special law to the
contrary notwithstanding, Mary Barrows, matron in the
police department of the city of Cambridge, may, upon her
written request, be retired with an annual retirement al-
lowance of one half of the annual salary received by her at
the time of her retirement.

Section 2. This act shall take full effect upon its ac-
ceptance by vote of the city council of said city, but not
otherwise. Approved May 27, 1949.

318 Acts, 1949. —Chaps. 367, 368, 369.

Chap.SQ7 An Act authorizing the selectmen of the town of

WEST BRIDGEWATER TO MAKE RULES AND REGULATIONS
FOR THE USE OF MEMORIAL FIELD FOR ATHLETIC AND
OTHER PURPOSES.

Be it enacted, etc., as follows:

Section 1. The selectmen of the town of West Bridge-
water are hereby authorized to make rules and regulations
for the use for athletic purposes and other entertainments
of a public nature of the playground property therein,
known as Memorial Field, and may allow such field to be
used for athletic games and other entertainment of a public
nature, to which an admission fee may be charged.

Section 2, This act shall take effect upon its passage.

Approved May 31, 1949.

C/iap. 368 An Act authorizing the Suffolk savings bank for

SEAMEN AND OTHERS TO MAKE FURTHER INVESTMENTS
IN THE PURCHASE AND IMPROVEMENT OF REAL ESTATE
IN THE CITY OF BOSTON TO BE USED FOR THE TRANS-
ACTION OF ITS BUSINESS.

Be it enacted, etc., as follows:

Section 1. The Suffolk Savings Bank for Seamen and
Others, incorporated by chapter seventy-three of the acts
of eighteen hundred and thirty-three, may, subject to the
approval of the commissioner of banks and for the convenient
transaction of its business, invest in land and buildings in
the city of Boston for use in whole or in part as a principal
or branch office or offices, a sum not exceeding one hundred
and twenty-five thousand dollars in addition to any sums
heretofore authorized, and in addition to any sums received
from any sale or taking of any part of such land or buildings
in the city of Boston.

Section 2, This act shall take effect upon its passage.

Approved May 31, 1949.

Chav.3Q9 An Act authorizing the board of selectmen of the

TOWN OF ARLINGTON TO EXERCISE THE POWERS OF SUR-
VEYORS OF HIGHWAYS, ROAD COMMISSIONERS, WATER
COMMISSIONERS, SEWER COMMISSIONERS, TREE WARDEN,
BOARD OF PUBLIC WORKS AND BOARD OF PUBLIC SURVEY;
INCREASING THE NUMBER OF SAID BOARD OF SELECTMEN
TO FIVE members; PROVIDING FOR THE APPOINTMENT BY
SAID BOARD OF SELECTMEN OF AN EXECUTIVE OFFICER;
AND REQUIRING THE SUBMISSION OF BUDGETS FOR DEPART-
MENTS OF SAID TOWN BEFORE A CERTAIN DATE.

Be it enacted, etc., as follows:

Section 1. The board of selectmen of the town of
Arlington, as constituted from time to time, from and after
the first annual election following the acceptance of this act,

Acts, 1949. — Chap. 369. 319

shall also have and exercise all the powers, rights, duties and
liabilities heretofore or from time to time by general law or
special act vested in or imposed upon surveyors of highways,
road commissioners, water commissioners, sewer commis-
sioners, tree warden, board of pubUc works, and board of
public survey in said town; said board of public works and
board of public survey, and office of tree warden, shall there-
upon be abolished. No contracts or habilities in force upon
the taking effect of this act shall be affected by such abolition,
and the board of selectmen shall in all respects be the lawful
successors of the boards and office so abolished.

Section 2. At the first annual election held in said town
after said acceptance, the number of selectmen shall be in-
creased to five. Such increase shall be effected in the follow-
ing manner: The two members of the board of selectmen
whose terms have not then expired shall continue as such
members until the expiration of the terms for which they
were respectively elected, and at such annual election there
shall be elected one selectman for one year, one for two
years, and one for three years; and at each annual election
thereafter, the town shall elect successors of the members
whose terms have expired, for the terai of three years.

Section 3. Upon the assumption of office of the board
of selectmen in accordance with this act, said board shall
appoint an executive officer for a term of three years, sub-
ject to removal for cause by the board of selectmen after
reasonable notice and an opportunity to be heard at a public
hearing, and thereafter, upon the expiration of the term of
office of said executive officer, or in the event of a vacancy in
said office for any reason, the board of selectmen shall ap-
point a successor for a term of three years, subject to removal
as aforesaid. Said executive officer shall be the adminis-
trative head of all the departments of the town under the
authority and jurisdiction of the board of selectmen. Said
executive officer shall be a person especially qualified by
education, training and experience to perform the duties of
the office and shall be appointed without regard to political
affiliations. He may or may not be a resident of the town
or of this commonwealth when appointed, but shall be a
resident of the town during his term of office. Before enter-
ing upon the duties of his office, the executive officer shall
be sworn to the faithful and impartial performance thereof
by the chairman of the board of selectmen, by the town clerk,
or by a justice of the peace, and shall execute a bond in
favor of the town for the faithful performance of his duties
in such sum and with such surety or sureties as may be
fixed or approved by the selectmen. The executive officer
shall purchase all supplies, materials and equipment for all
departments of the town, except books and educational
supplies for the schools and libraries. He also shall have
authority to award all contracts for the repair and mainte-
nance of all town buildings, grounds, and equipment. In
the event of the temporary incapacity or absence from the

320 Acts, 1949. ~ Chap. 370.

town of the executive officer, his authority and duties may
be exercised and fulfilled by such person as the board of
selectmen may then designate.

Section 4. On or before the tenth day of November of
each year, the executive officer shall submit to the select-
men a detailed budget in writing of the probable cost of
operating for the ensuing fiscal year each of the town de-
partments under the jurisdiction of the board of selectmen.
Each such budget shall show itemized amounts for personal
services, expenses and capital outlay. All other departments
and boards of the town shall prepare similar budgets. Bud-
gets for all departments of the town shall be placed in the
hands of the town accountant not later than the twenty-
fifth day of November of each year and shall be submitted
by him to the finance committee not later than the first day
of December of each year.

Section 5. This act shall be submitted for acceptance
to the legal voters of said town, present and voting thereon
bj'' ballot in their respective precincts at the annual town
meeting on the first Monday in March, nineteen hundred
and fifty, or at a special town meeting which shall be called
for the purpose by the board of selectmen not less than
thirty nor more than sixty days after the filing with the
town clerk of a petition therefor of not less than five per cent
of the legal voters of said town. The vote shall be taken in
precincts by ballot in accordance with the provisions of the
General Laws, so far as the same may be applicable, in
answer to the following question, which shall be placed on
the official ballot to be used at said meeting:

"Shall an act passed by the general court in the year
nineteen hundred and forty-nine, entitled: 'An act author-
izing the board of selectmen of the town of Arlington to
exercise the powers of surveyors of highways, road commis-
sioners, water commissioners, sewer commissioners, tree
warden, board of public works and board of public survey;
increasing the number of said board of selectmen to five
members; providing for the appointment by said board of
selectmen of an executive officer; and requiriini; the submis-
sion of budgets for departments of said town before a certain
date', be accepted?"

If a majority of the votes cast in answer to said question
is in the affirmative, this act shall take full effect beginning
with, and for the purposes of, the next annual election;
otherwise it shall not take effect.

Approved May SI, 1949.

ChaV.S70 ^^ ^^"^ RELATIVE TO CERTAIN DEPOSITS AND ACCOUNTS
IN SAVINGS BANKS, SAVINGS DEPARTMENTS OF TRUST
COMPANIES, AND CO-OPERATIVE BANKS.

Be it enacted, etc., as follows:

EdVi67''§ 10 Chapter 167 of the General Laws is hereby amended by
amended.' '' Striking out section 16, as appearing in the Tercentenary

Acts, 1949. — Chaps. 371, 372. 321

Edition, and inserting in place thoieot the following section:
— Section 16. Savings banks, trust companies in their Certain
savings departments and co-operative banks may contract, fc^ounte^S
on terms to be agreed upon, for the deposit at intervals ^anks^^o-
within any period of twelve months, of sums of money in operative
the aggregate not in excess of the statutory limit on deposits ^^^'^' **"•
in savings banks, and for the payment of interest, if any,
on the same. A sum thus accumulated, if transferred to
any regular form of account within fifteen days after the
date on which money ordinarily begins to draw interest or
dividends, may, if the depository so provides, draw interest
or dividends from such prior date. The holders of such
deposit accounts in co-operative banks shall be deemed
members of the corporation, with the voting rights of un-
matured shareholders subject to all existing qualifications
and limitations in the exercise of such voting rights of un-
matured shareholders. Ay-proved May 31, 1949.

An Act establishing a maximum and minimum age nhnrt 371

LIMIT FOR boxing CONTESTANTS, AND REGULATING BOX- ^ "

ING IN boys' clubs, SCHOOLS, COLLEGES AND MUNIC-
IPAL OR STATE PARK OR RECREATIONAL DEPARTMENTS.

Be it enacted, etc., as follows:

Chapter 147 of the General Laws is hereby amended by o. l. (Ter.
striking out section 39, as amended by chapter 371 of the ftl! amended^'
acts of 1948, and inserting in place thereof the following
section : — Section 39. No contestant under eighteen or Maximum
over thirty-five shall be permitted to engage in any boxing ^"nin^um ago
or sparring match or exhibition, except that an amateur f^';,J^„ofl°8,
boxer shall be allowed to compete as such at the age of
seventeen. The foregoing shall not apply to courses of in-
struction in boxing, boxing or sparring matches or exhibitions,
sponsored and conducted by recognized boys' clubs, schools
or colleges, or by municipal or state park or recreational
departments, under the supervision of qualified instructors
and directors. No person under sixteen shall be admitted
to or be present at any professional boxing or sparring match
or exhibition unless accompanied by an adult.

Approved May 31, 191^9.

contestants.

An Act relative to allowances for certain expenses (Jhn^ 379

IN THE CASE OF CERTIFICATIONS TO THE SUPERIOR COURT ^'

UNDER THE W^ORKMEn's COMPENSATION LAW.

Be it enacted, etc., as follows:

Section 11 A of chapter 152 of the General Laws, inserted gi^^. (Ter.
by chapter 444 of the acts of 1945, is hereby amended by § Via, etc.,
adding at the end the following sentence: — If any party ETens^etin
in interest presents certified copies to the superior court cases of
under the provisions of section eleven for the purpose of tr^om-^!'°°
enforcing decisions of the board or a member made in his

322 Acts, 1949. — Chaps. 373, 374.

favor, the court shall likewise allow such party the fees,
briefs and expenses provided for by this section.

Approved May 31, 1949.

Chap. S7S -^^ ^^"^ AUTHORIZING THE TOWN OF NANTUCKET TO PAY
AN ANNUITY TO HARRIET C. WILLIAMS, A FORMER SCHOOL
TEACHER IN SAID TOWN.

Be it enacted, etc., as follows:

Section 1. For the purpose of promoting the public
good, and in consideration of her long and efficient service
as a school teacher in the town of Nantucket, said town
may appropriate and pay an annuity of five hundred dollars
to Harriet C. Williams for the purpose of supplementing
the retirement allowance being received by her.

Section 2. This act shall take effect upon its passage.

Approved June 2, 1949.

Chap.S74 An Act further authorizing savings banks to invest
in real estate mortgages insured by the federal
housing administrator.

Emergency Whereas, The deferred operation of this act would tend

preamble. ,_.' ,.,. ,, . ,.

to defeat its purpose, which is to enable savings banks to
invest in real estate mortgages insured by the federal housing
administrator, therefore it is hereby declared to be an emer-
gency law, necessary for the immediate preservation of the
public convenience.

Be it enacted, etc., as follows:

Ed\ ili^new Chapter 168 of the General Laws is hereby amended by
§ 54A, added, inserting after section 54 the following section : — Sec-
banlTmav ^'^^^ ^^^ ' ^^ addition to the provisions contained in section
invest in real fifty-oue of chapter onc hundred and sixty-seven, and in
mortgages addition to the limitation concerning mortgage loans secured
fedlSafhi'usin ^^ ^^^^ cstate located in states contiguous to the common-
administrator, wealth as contained in Clause First of section fifty-four, and
subject to regulations made by the commissioner of banks, a
savings bank may invest not more than ten per cent of its
deposits or fifty per cent of the aggregate book value of real
estate loans outstanding at the date of such investment
granted on properties located within the commonwealth
whichever is the lesser, and without restriction as to the
locations of properties securing loans, in mortgage loans of
which the notes have been endorsed for insurance by the
federal housing administrator, or combined with secondary
mortgages guaranteed in full by the United States of America
through the Servicemen's Readjustment Act of 1944, as
amended. Nothing herein contained shall be construed as
permitting a savings bank to invest more than seventy
per cent of the whole amount of deposits in first mortgages
of real estate. Approved June 2, 1949.

Acts, 1949. ~ Chaps. 376, 376. 323

An Act relative to a right of way for public access Chav.S75

TO WHITE pond IN THE TOWNS OF CONCORD AND SUDBURY.

Be it enacted, etc., as follows:

Section 1. Section 1 of chapter 294 of the acts of 1947
is hereby amended by inserting after the word "out", in
line 2, the words : — and construct, — so as to read as
follows : — Section 1 . The county commissioners of Middle-
sex county are hereby authorized and directed to lay out
and construct in the town of Concord a right of way for
public access to White pond in the towns of Concord and
Sudbury, in accordance with plans to be approved by the
department of public works and showing the location and
dimensions of such right of way, but such right of way shall
not cross the location of any railroad. If it is necessary to
acquire land for the purpose of laying out such right of way
said county commissioners shall at the time such right of
way is laid out take such land by eminent domain under
chapter seventy-nine of the General Laws. Any person
sustaining damages in his property by the laying out of such
right of way, or by specific repairs or improvements thereon,
shall be entitled to recover the same under said chapter
seventy-nine; provided, that the right to recover damages,
if any, by reason of the laying out of such right of way, shall
vest upon the recording of the order of taking by said county
commissioners and that no entry or possession for the pur-
pose of constructing a public way on land so taken shall be
required for the purpose of validating such taking or for
the payment of damages by reason thereof.

Section 2. For the purposes of this act, the county com-
missioners of the county of Middlesex may expend not more
than two thousand dollars, and bills for work done may be
paid by the treasurer of said county, when approved by the
county commissioners, out of any available funds. The
said sum shall be included inf the appropriations for the
current year for said county.

Section 3. This act shall take eifect upon its passage.

Approved June 2, 1949.

An Act relative to the use by the city of malden of
the proceeds of certain loans.

Be it enacted, etc., as follows:

Section 1. The sum of seventy thousand dollars is
hereby authorized to be transferred by the city of Maiden
from the New Dartmouth Street Parking Place Bond Re-
ceipts Account, said bond receipts being the proceeds of a
loan of an abandoned project under section twenty of chap-
ter forty-four of the General Laws, and appropriated for re-
modeling, reconstructing and making extraordinary repairs
on public buildings subject to the approval of the Emer-

C/iap.376

324 Acts, 1949. — Chaps. 377, 378.

gency Finance Board, established by chapter forty-nine of
the acts of nineteen hundred and thirty-three.

Section 2. Any action taken by the city of Maiden
relative to the use of the aforesaid sum or any part thereof
in the current year, prior to the effective date of this act,
without the approval of said Emergency Finance Board, is
hereby ratified, validated and confirmed as though this act
had been in effect at the time such action was taken.

Section 3. This act shall take effect upon its passage.

Approved June 2, 1949.

C ho p. S77 An Act relative to the pensions of laborers employed

BY the city of boston AND RETIRED UNDER A CERTAIN
SPECIAL LAW,

Be it enacted, etc., as follovjs:

Section 1. Section 2 of chapter 413 of the acts of 1911,
as'most recently amended by chapter 63 of the Special Acts
of 1915, is hereby further amended by striking out all after
the word "service" in line 6, down to and including the
word "year", in line 11, — and by adding at the end the
following sentence: — An annual pension of six hundred
dollars for the remainder of his life shall be paid to any
laborer retired under the provisions of this section.

Section 2. This act shall apply to the pensions of
laborers retired under said chapter four hundred and thir-
teen, as amended, prior|to and^after the effective jdate of
this act.

Section 3. This act shall take full effect upon its accept-
ance by vote of the city council of the city of Boston, subject
to the provisions of its charter, but not otherwise.

Approved June 2, 1949.

Ch(lV.S7S ^^ ^^'^ "^^ AUTHORIZE CO-OPERATIVE CORPORATIONS TO
ENGAGE IN THE PROVISION OR MANAGEMENT OF HOUSING
FOR THEIR MEMBERS, TO HOLD DISTRICT MEMBERSHIP
MEETINGS, AND TO ELECT DELEGATES TO LIMITED
MEMBERSHIP MEETINGS.

Be it enacted, etc., as follows:

%d)' ilf\ 3 Section 1. Section 3 of chapter 157 of the General Laws,
araeAded." ' ' as appearing in the Tercentenary Edition, is hereby amended
by striking out the second sentence and inserting in place
Word ;>o- thereof the following sentence: — The word "co-operative"
brpart'of the shall fomi a part of the name of the corporation, and, for the
name of the purposcs of this aud sections three A to nine, inclusive, the

corporation. '^ ^, /, .... ,, n ^/ i ii n - , o

words "association", "company", "exchange , "society
and "union", shall have the same signification and shall
import a corporation.
G. L. (Ter. SECTION 2. Said chapter 157 is hereby further amended

fll'. idded^'" by inserting after section 3 the following new section: —
Incorporation Scction 3 A. Scvcn or more persons, residents of the com-
ftLociatfonsTo moDwealth, may associate themselves as a corporation.

Acts, 1949. — Chap. 378. 325

association, society or company to conduct within the com- conduct a
monwealth a housing business on the co-operative plan, in- bu^ness. etc.
eluding the buying, selling, leasing, construction or re-
habilitation of dwellings, together with appurtenant f acihties,
for the members of such co-operative corporation. Such
facilities appurtenant to the provision of dwellings shall
include use of land and buildings for business, commercial,
cultural or recreational purposes related to such dwellings.
The words "co-operative" and "housing" shall form a part
of the name of the corporation, and, for the purposes of this
and sections four to nine, inclusive, the words "association",
"company", "society" and "union", shall have the same
signification and shall import a corporation. The corporation
shall be formed as provided in chapters one hundred and
fifty-five and one hundred and fifty-six, with shares having
par value, and shall be subject to the provisions thereof so
far as consistent with said sections.

Section 3. Said chapter 157 is hereby further amended ^j^Uy'^'^^
by striking out section 4, as so appearing, and inserting in amended.' '
place thereof the following section: — Section 4. The capital Capital stock.
stock of a co-operative corporation formed under section
three or section three A shall not be less than one hundred
dollars nor more than six hundred thousand dollars. No
stockholder shall own shares of a greater par value than one
tenth of the total par value of the capital stock issued and
outstanding, nor shall any member be entitled to more than
one vote on any subject arising in the management of the
corporation.

In addition to the powers granted by section thirteen of ^|f^-fj° f ^-^^
chapter one hundred and fifty-six, any corporation organized association
under section three or section three A may provide in its ^bleet
by-laws for the election of directors and other officials by matter of
unit or district or by mail ballot; for a method of member-
ship representation by annual election of delegates to represent
proportionately the members of such units or districts in the
membership meeting of the corporation, and shall hear
reports of and instruct the delegates on the policy and business
of the corporation. The agreement of association or the
articles of organization shall be altered or amended, and the
by-laws shall be altered, amended or repealed, if the delegate
type of membership meeting is adopted by &ny such corpora-
tion, only after notice of the proposed action is given in the
call for the annual meetings of the units or districts at which
the delegates are to be elected to the membership meeting of
the corporation, or in the call for the annual election of such
delegates if the vote is to be taken by mail ballot, and only
upon vote of two thirds of the delegates eligible to vote at
such membership meeting. Special meetings of the units or
districts may be demanded by written petition of at least
one tenth of the membership of any such unit or district for
the purpose of instructing its delegate or delegates on ques-
tions concerning the operation and business of the corporation,
in which case it shall be the duty of the clerk or secretary of

326

Acts, 1949. — Chap. 379.

G. L. (Ter.

IvLi, lo7, § C.
aiMPiided.
Apportionment
of earnings.

G. L. (Ter.
Ed.), 157, § 6,
further
amended.

Same subject.

G. L. (Ter.
Ed.), l.-)7, §9,
amended.

Fee for
filing articles
of organi-
/.ation.

the corporation to call such unit or district meeting or meet-
ings to take place within thirty days after such demand. The
minutes of such unit or district meeting shall be forwarded
by the clerk or secretary of such meeting to the clerk or
secretary of the corporation and be kept at the principal
place of business in the commonwealth.

Section 4. Section 6 of said chapter 157, as so appear-
ing, is hereby amended by striking out the first two lines and
inserting in place thereof the following : — The directors of
every corporation formed under section three or under section
three A shall apportion its earnings in the following manner :
Section 5. Said section 6 is hereby further amended by
striking out the paragraph numbered 4 and inserting in place
thereof the following paragraph : —

4. The directors shall distribute the remainder of such
earnings or any part thereof by a uniform dividend upon the
amount of purchases or rents or sales of shareholders, through
the corporation, and, if the directors so vote, upon the amount
of wages earned and paid to employees, except that in the
case of a purchaser not a shareholder, who desires to become
such, a dividend of one half the uniform dividend may be
declared upon such non-shareholder's purchases, or rents
or sales and credited to him on account of the purchase of
stock for which he may subscribe. In productive corpora-
tions, including creameries, canneries, storages, factories
and the like dividends shall be calculated on raw materials
delivered to the corporation instead of on goods purchased.
If the corporation be both a purchasing and a selling, or a
productive concern, the dividends may be on both raw ma-
terial and on goods purchased. The profits or net earnings
of such corporation shall be distributed to those entitled
thereto at such times as the by-laws prescribe, but at least
once in every twelve months.

Section 6. Section 9 of said chapter 157, as so appear-
ing, is hereby amended by inserting after the word "three",
in line 2, the words: — or section three A, — so as to read
as follows: — Section 9. The fee for filing the articles of
organization required by section three or section three A,
including the issuing by the state secretary of the certificate
of incorporation, shall be one twentieth of one per cent of the
total amount of the authorized capital stock as fixed by the
articles of organization, but in no case less than five dollars.

Approved June 2, 1949.

Chap. 379 An Act relative to the tenure of office of the second
assistant clerk of the supreme judicial court for

the county of SUFFOLK.

Be it enacted, etc., as follows:

Section 5 of chapter 221 of the General Laws, as most
recently amended by section 2 of chapter 336 of the acts of
1943, is hereby further amended by striking out the sixth
paragraph and inserting in place thereof the f ollo^ving : —

G. L. (Ter.
Ed.), 221, § .-,,
etc., amended.

Acts, 1949. — Chaps. 380, 381. 327

Suffolk, by the clerk of the superior court for criminal f^g'^^^^^j
business, assistant clerks pro tempore or for the term of one ciVrk of
year, subject to removal by the court or by the clerk; and judf^Ti^ourt.
by the clerk of the supreme judicial court for said county a
second assistant clerk, designated from his office force, and
said second assistant clerk appointed under the authority
of this paragraph who shall hold such office during good be-
havior, but subject to applicable retirement laws, and may
be removed by the clerk for cause shown, subject to a review
by a petition in the district court within the territorial juris-
diction in which he resides praying that such action of the
clerk and his decision be reviewed by the court. After such
notice as the court deems necessary, it shall review such
action and decision, hear any and all evidence and determine
whether such action was justified. If the court finds that
such action was justified, the decision of the clerk shall be
affirmed; otherwise, it shall be reversed and of no effect. If
the court finds that he was unjustifiably retired, removed,
or discharged from his office or position, he shall be rein-
stated thereto without loss of compensation. The decision
of the court shall be final. Approved June 2, 19^9.

Chap.SSO

An Act providing for a retirement allowance for

AMELIA o'lEARY OF DRACUT.

Be it enacted, etc., as follows:

Amelia O'Leary, of Dracut, may redeposit in the annuity
savings fund of the Middlesex county retirement system
the sum of one hundred and eighty-nine dollars and sixty-
four cents, which was the sum of the accumulated deductions
standing to the credit of Vincent D. O'Leary, an employee
of the town of Dracut, and a member of the said retirement
system at the time of his death. Such redeposit shall be
made within ninety days from the effective date of this act.
Upon the receipt of said sum, the Middlesex county retire-
ment board is hereby authorized and directed to grant to
said Amelia O'Leary a retirement allowance to be computed
under the provisions of, and to be effective as provided by,
Option (c) of subdivision (2) of section twelve of chapter
thirty-two of the General Laws, in the same manner as if
said Vincent D. O'Leary had elected said option before his
death. Approved June 2, 1949.

An Act providing for the establishment of salaries nur^j. ooi

OF COURT OFFICERS IN ATTENDANCE UPON THE MUNICIPAL ^'''"P'^^^
COURT OF THE CITY OF BOSTON.

Be a enacted, etc., as follows:

Chapter 218 of the General Laws is hereby amended by g. l. (Ter.
striking out section 82A, inserted by section 1 of chapter ^82X^1?;-
486 of the acts of 1945, and inserting in place thereof the amended.' '
following section: — Section 82 A. Each officer in attendance Salaries of
upon the municipal court of the city of Boston who is ap- ''®'=e''s of

328 Acts, 1949. — Chaps. 382, 383.

municipal pointed Under section sixty-one shall receive from the county
Son. of Suffolk in full for all services performed by him such

salary as shall be fixed by the justices of such court.

Approved June 2, 1949.

Chap. 3S2 An Act to authorize the town of abington to bor-
row MONEY FOR THE PURPOSE OF ACQUIRING LAND AND
constructing, equipping and FURNISHING A SCHOOL
BUILDING.

Be it enacted, etc., as follows:

Section 1. For the purpose of acquiring land for and
constructing a school building and originally furnishing and
equipping the same, the town of Abington may borrow,
from time to time, within a period of five years from the
passage of this act, such sums as may be necessary, not
exceeding, in the aggregate, four hundred thousand dollars,
and may issue bonds or notes of the town therefor which
shall bear on their face the words, Abington School Loan,
Act of 1949. Each authorized issue shall constitute a sepa-
rate loan and such loans shall be paid in not more than
twenty years from their dates. Indebtedness incurred
under this act shall be in excess of the statutory limit and
shall, except as provided herein, be subject to chapter forty-
four of the General Laws, exclusive of the limitation con-
tained in the first paragraph of section seven thereof.

Section 2. This act shall take effect upon its passage.

Approved June 7, 1949.

C hap. SS3 An Act authorizing the county commissioners of

WORCESTER COUNTY TO ACCEPT FUNDS FROM THE FEDERAL
government FOR THE DISCONTINUANCE OF COUNTY ROADS
IN ROYALSTON AND TO EXPEND SUCH FUNDS.

Be it enacted, etc., as follows:

Section L The county of Worcester, acting by the
county commissioners, may accept a sum of money from
the federal government as consideration for the discontinu-
ance of a part of the Warwick road, a county road in the
town of Royalston, in order to assist in the development of
the Tully river flood control project under construction in
said town. Any sum received by the said county may be
expended under the direction of said county commissioners
for the purpose of relocating Warwick road and constructing
the highway so relocated. If funds remain unexpended
after the completion of the construction of the road as relo-
cated, such funds may be expended by said commissioners
for the relocation or reconstruction of other roads in said
town affected by the Tully river flood control project or by
the Birch Hill flood control project constructed by the
federal government.

Section 2, This act shall take effect upon its passage.

Approved June 7, 1949.

Acts, 1949. — Chaps. 384, 3S5. 329

An Act relative to the granting of vacations for QfiQ-n 3§4

MEMBERS OF THE REGULAR OR PERMANENT POLICE AND
FIRE FORCES IN CERTAIN CITIES AND TOWNS.

Whereas, The deferred operation of this act would tend to Emergency
defeat its purpose, which is in part to make available to cer- p'"'^^"''"'''
tain police officers and firemen the benefits thereof during the
vacation period in the current year, therefore it is hereby de-
clared to be an emergency law, necessary for the immediate
preservation of the public convenience.

Be it enacted, etc., as follows:

Chapter 41 of the General Laws is hereby amended by in- o. l. (Ter.
serting after section lllC, inserted by chapter 348 of the acts fuiD/rided.
of 1945, the following section: — Section HID. In any city Vacations for
or town which accepts this section, all members of its regular Fo°rces.°'^ ^'^^
police or fire force may be granted a vacation without loss of
pay. Such vacations shall be computed in the following man-
ner: —

For five years' service, but less than ten years' service, a
vacation of three weeks.

For ten years' service or more, a vacation of four weeks.

Section one hundred and eleven shall not apply to the mem-
bers of the regular or permanent police or fire force in any
such city or town. Approved June 7, 1949.

An Act authorizing the metropolitan district com- nhr^j. oqk

MISSION TO SELL WATER TO ANY INSTITUTION, AGENCY P-<J^O

OR INSTRUMENTALITY OF THE UNITED STATES.

Be it enacted, etc., as follows:

Section 1. Paragraph (3) of section 10 of chapter 92 of E^j^g^J^I-^o
the General Laws, as amended, is hereby further amended by etc.'. 'amended',
striking out, in line 5, as appearing in section 1 of chapter 587
of the acts of 1945, the words "concentration camp" and
inserting in place thereof the words : — institution, agency Or
facility, — so as to read as follows : —

(3) The commission, subject to all the provisions relating Saie of water
to the construction, operation and maintenance by it of a govlrnment
water supply system set forth in this chapter, may sell and approved.
deliver -water from any of the reservoirs or aqueducts of the
metropolitan water system to any institution, agency or
facility established in the commonwealth by the United States
or by any agency or instrumentality of the United States, or
to any agency or instrumentality of the commonwealth or of
any county thereof, and lay and maintain pipe lines and other
works necessary therefor, upon terms and conditions to be
agreed upon by the duly authorized officer or representative
of the United States government, or of the commonwealth
or of any county thereof, as the case may be, and the com-
mission; and may sell and dehver water from any of the
reservoirs or aqueducts of the metropolitan water system to
any town or group of towns not eligible to membership be-

330

Acts, 1949. — Chap. 386.

Emergency
preamble.

cause of location wholly more than fifteen miles from the
state house, or because otherwise not within reasonable reach
of the distribution system as provided in paragraph (1) of
this section, to any water company, or to any water, fire or
fire and water district, authority to purchase the same being
hereby granted, and may lay and maintain pipe hnes and
other works necessary therefor upon terms and conditions to
be mutually agreed upon by the commission and said town or
group of towns, water company or district.

Section 2. This act shall take effect upon its passage.

, Approved June 7, 1949.

ChaV.SSQ -^N -^^'^ FURTHER REGULATING THE TIME OF PAYMENT OF
THE SALARIES OF CERTAIN OFFICERS AND EMPLOYEES OF
THE COMMONWEALTH.

Whereas, The deferred operation of this act would tend to
defeat its purpose, which is to make available forthwith to
the employees of the commonwealth the provisions hereof,
therefore it is hereby declared to be an emergency law, neces-
sary for the immediate preservation of the public convenience.

Be it enacted, etc., as follows:

Chapter 29 «f the General Laws is hereby amended by
striking out section 31, as most recently amended by section 1
of chapter 580 of the acts of 1946, and inserting in place
thereof the following section : — Section SI . Salaries payable
by the commonwealth shall, unless otherwise provided, be
paid on the first day of each month, and shall be in full for all
services rendered to the commonwealth by the persons to
whom they are paid. Weekly advances on account of salaries
shall be made upon request of any employee, under such regu-
lations as the state treasurer may prescribe, not exceeding
the proportion of salary then due. No salary shall be paid
to any person for a longer period than that during which he
has been actually employed in the duties of his office. If a
salary shall be diminished, no greater rate shall be paid be-
cause of any previous appropriation therefor. Notwithstand-
ing the foregoing provisions of this section, the annual salary
of each teacher and each supervisor employed in any school
or college within any department of the commonwealth,
whose regular service is rendered from September first to
June thirtieth, shall be for his service for the number of weeks
estabhshed by the department for such school to be in session
during said period, payable, however, in equal instalments on
the first day of each month, and the amount earned and un-
paid at the time of his resignation, retirement, death or entry
on leave of absence shall be paid forthwith to the persons
entitled thereto, and advances of pay may be made to any
state officer or employee in advance of his regular vacation
to the extent of the pay to which he is about to become
entitled during such vacation period under such regulations
as the state treasurer may prescribe.

Approved June 7, 1949.

G. L. (Ter.
Ed.), 29, § 31,
etc., amended.

Time of
payment of
salaries of
certain
employees of
the common-
wealth.

Acts, 1949. — Chaps. 387, 388. 331

An Act providing for extensions of the boundaries Qfidj) 337

OF THE HADLEY WATER SUPPLY DISTRICT.

Be it enacted, etc., as follows:

Section 1. Upon a petition in writing addressed to the
board of water commissioners of the Hadley Water Supply-
District in the town of Hadley requesting that certain real
estate, accurately described therein, located in said town and
abutting on said district and not otherwise served by a public
water supply be included within the limits thereof, and signed
by the owners of such real estate, or a major portion of such
real estate, said water commissioners shall cause a duly
warned meeting of the district to be called, at which meeting
the voters may vote on the question of including said real
estate within the district. If a majority of the voters present
and voting thereon vote in the affirmative, the district clerk
shall within ten days file with the town clerk of said town and
with the state secretary an attested copy of said petition and
vote, and thereupon said real estate shall become and be part
of the district and shall be holden in the same manner and to
the same extent as the real estate included within said dis-
trict at the time of the passage of this act.

Section 2. This act shall take effect upon its passage.

Approved June 7, 1949.

An Act authorizing certain sidewalk assessments in (Jhn^ Qcc

THE TOWN OF WAKEFIELD AND VALIDATING CERTAIN ACTS ^'

RELATIVE THERETO.

Be it enacted, etc., as follows:

Section 1. Notwithstanding the provisions of section
two of chapter eighty and section twenty-seven of chapter
eighty-three of the General Laws, the recording in Middlesex
registry of deeds, South district, between June eleventh and
June twenty-sixth, nineteen hundred and forty-eight, both
dates inclusive, of orders, as provided in section two of said
chapter eighty, or statements as provided in section twenty-
seven of said chapter eighty-three, stating betterments to be
assessed or sidewalks to be established or reconstructed on
the following public ways in the town of Wakefield, namely:
— Aborn avenue, Bellevue avenue, Crosby road, Davidson
road, Fosters lane, Gerard street. Line road. Morel circle,
Oakland road, Outlook road, Perham street, Sherman road,
Sylvan avenue and Woodland road, shall be valid, in so far
as they may be invalid by reason of not having been filed in
said registry within the time limit provided by law. Assess-
ments for said betterments and sidewalks may be levied and
committed in accordance with the provisions of said chapters
eighty and eighty-three, except as otherwise provided by
this act.

Section 2. This act shall take effect upon its passage.

Approved June 7, 1949.

332 Acts, 1949. — Chaps. 389, 390, 391,

Chap.SS9 An Act providing for the adjustment of retirement

ALLOWANCE OF ELIZABETH M. MAHONEY OF WORCESTER.

Be it enacted, etc., as follows:

The retirement allowance of Elizabeth M. Mahoney of
Worcester, formerly an employee of Belmont hospital in said
city, who has recently retired, is hereby increased from ten
dollars and eleven cents per month, which she is now receiv-
ing, to one half her regular compensation at the time of her
retirement. Approved June 7, 1949.

Chap.S90 An Act authorizing an increase of the salary of

THE MAYOR OF THE CITY OF GLOUCESTER.

Be it enacted, etc., as follows:

Section 1. Chapter 611 of the acts of 1908 is hereby
amended by striking out section 19 and inserting in place
thereof the following : — Section 19. For each municipal
year until otherwise ordered by the municipal council, the
annual salary of the mayor shall be eighteen hundred dollars
and the salary of each alderman shall be one thousand dollars.
These salaries may be changed by any municipal council, to
take effect in the next municipal year thereafter, but the
amounts shall not exceed forty-five hundred dollars for the
salary of the mayor nor fifteen hundred dollars for the salary
of each alderman.

Section 2. This act shall be submitted for acceptance to
the registered voters of the city of Gloucester at its regular
city election in the current year in the form of the following
question which shall be placed upon the official ballot to be
used at said election: — "Shall an act passed by the general
court in the year nineteen hundred and forty-nine, entitled
'An Act authorizing an increase of the salary of the mayor of
the city of Gloucester', be accepted?" If a majority of the
votes in answer to said question is in the affirmative, then
this act shall thereupon take full effect, but not otherwise.

Approved June 7, 1949.

Chap. 391 An Act relative to the sale of alcoholic beverages

BY INNHOLDERS HOLDING SEASONAL LICENSES.

Be it enacted, etc., as follows:

Kd^' las'i 12 Section 12 of chapter 138 of the General Laws, as amended,
eto.', amended.' is hereby further amended by adding at the end of the second
sentence of the first paragraph the following: — , and, in the
case of innholders holding seasonal hcenses, in the dining
room or dining rooms and in such other public rooms or areas
of buildings on the same premises as the hotel and operated
as appurtenant and contiguous to and in conjunction with
such hotel and to registered guests occupying private rooms
in such buildings. Approved June 7, 1949.

Acts, 1949. — Chaps. 392, 393. 333

An Act authorizing savings banks to become members Qhav 392
OF or contribute to certain organizations.

Be it enacted, etc., as follows:

Section 57 of chapter 168 of the General Laws, as most idV'i^s^ss?
recently amended by section 1 of chapter 61 of the acts of etc.". 'amended.'
1945, is hereby further amended by inserting after the second
sentence thereof the following sentence : — Any such corpora-
tion may also become a member of or contribute to associa-
tions in the commonwealth, and subscribe to services, other
than the associations and services hereinabove mentioned, if,
in the opinion of said board and the commissioner of banks,
such membership, contributions or services are reasonable
and of substantial benefit to the bank and its depositors, —
so as to read as follows: — Section 67. Any such corporation, savings
by vote of its board of investment, may become a member of bec^^''^
an association or associations organized for the purpose of members of
protecting and promoting the interests of savings banks and to certain" *
other banks, and may subscribe to a service or services es- o''ga'"»»ti<""-
tablished to protect or conserve the assets of banks, and may
pay to such association or associations or for such a service or
services its proportionate share of the expenses thereof, if in
the opinion of the board of investment of such corporation
such expenses are reasonable and necessary. Any such cor-
poration may also by like vote contribute such sum or sums
of money as said board may determine to be reasonable to
any general fund being raised by a relief committee or agency
approved by the commissioner of public welfare as evidenced
by a writing filed in his office, and formed for the purpose of
raising money to be used for the betterment of social and
economic conditions in the community where such corpora-
tion is established. Any such corporation may also become
a member of or contribute to associations in the common-
wealth, and subscribe to services, other than the associations
and services hereinabove mentioned, if, in the opinion of said
board and the commissioner of banks, such membership,
contributions or services are reasonable and of substantial
benefit to the bank and its depositors. No such corporation
shall expend in the aggregate for the purposes mentioned in
this section in any one fiscal year, as determined by the com-
missioner of banks, more than one half of one per cent of its
income for the next preceding fiscal year, as so determined.

Approved June 7, 1949.

An Act relative to the salaries of the board of nf,^^ qoQ

ASSESSORS of THE CITY OF BOSTON. K^lhU/p.O O

Be it enacted, etc., as follows:

Section 1. Chapter 93 of the Special Acts of 1918 is
hereby amended by striking out section 2 and inserting in
place thereof the following section: — Section 2. The mayor
of the city shall appoint, and may at any time remove, in

334 Acts, 1949. — Chaps. 394, 395.

accordance with the provisions of chapter four hundred and
eighty-six of the acts of nineteen hundred and nine, five
assessors to hold office for terms of one, two, three, four, and
five years, respectively, from the first day of April in the year
nineteen hundred and thirty-eight. As the term of each
assessor expires, the mayor in hke manner shall appoint his
successor for a term of five years from the first day of April
in the year of appointment. The mayor shall also fill any
vacancy for the unexpired term. The mayor shall designate
the chairman of the board who shall receive an annual salary
of eight thousand dollars; the four other members of the
board shall each receive an annual salary of sixty-five hun-
dred dollars.

Section 2. This act shall take full effect upon its accept-
ance by the city council of the city of Boston, subject to the
provisions of its charter, but not otherwise.

Approved June 7, 1949.

Chap, 394: An Act relative to the filing of certain reports

WITH THE COMMISSIONER OF LABOR AND INDUSTRIES
BY LABOR UNIONS.

Be it enacted, etc., as follows:

Chapter 618 of the acts of 1946 is hereby amended by strik-
ing out section 2 and inserting in place thereof the following
section : — Section 2. The president and secretary of each
labor union having a membership of more than fifty shall file
annually with the commissioner of labor and industries, in
such form as the commissioner may prescribe, a report show-
ing the total of its receipts of any kind and the sources of such
receipts, and the disbursements made by it, during its last
fiscal year. If any labor union files a financial statement with
the department of labor of the United States, the filing of a
duphcate of such statement with said commissioner shall be
sufficient to meet the requirements of this section.

Approved June 7, 1949.

Chap.S95 An Act requiring the making of microphotographic

PROCESS COPIES OF ALL RECORD BOOKS, CERTIFICATES
OF TITLE AND OTHER INSTRUMENTS IN THE REGISTRIES
OF DEEDS, AND RELATIVE TO THE DESTRUCTION OF ALL
ORIGINAL INSTRUMENTS IN SAID REGISTRIES.

Be it enacted, etc., as follows:

EdV"36.%'i5. Section 1. Chapter 36 of the General Laws is hereby

amended. ' amended by striking out section 15, as appearing in the

Tercentenary Edition, and inserting in place thereof the fol-

^co^g^ lowing: — Section 15. He shall record all instruments upon

infltruments the pagcs of the rccord books in fair and legible handwriting

Scr^hotl^ or in print, and in continuous successive lines, and shall note

graphic copies, q^ ^j^g record, before attesting the same, all erasures and

interlineations and the value of any stamp affixed thereto

pursuant to federal law, and the cancellation thereof, and he

Acts, 1949. — Chap. 396. 335

shall make duplicate microphotographic process copies of all
books in his registry in which deeds, certificates of title and
other instruments have been recorded or entered.

Section 2. Section 8 of chapter 66 of the General Laws, g. l. (Xer.
as amended by chapter 128 of the acts of 1943, is hereby etc!. 'amended,
further amended by inserting after the word "law" in the
last line the words : — , and he may destroy all original in-
struments left for record and not called for within five years
after the recording thereof, — so as to read as follows : —
Section 8. Every original paper belonging to the files of the Preservation
commonwealth, or of any county, city or town, bearing date books, papers,
earlier than the year eighteen hundred, every book of registry ^"^ records.
or record, every town warrant, every deed to the common-
wealth or to any county, city or town, every report of an
agent, officer or committee relative to bridges, public ways,
sewers or other state, county or municipal interests or matters
not required to be recorded in a book, and not so recorded,
shall be preserved and safely kept, and every other paper be-
longing to such files shall be kept for seven years after the
latest original entry therein or thereon, unless otherwise pro-
vided by law; and no such paper shall be destroyed without
the written approval of the supervisor of records. Notwith-
standing the foregoing, the register of deeds in any county
may, without such written approval, destroy any papers
pertaining to attachments or to the dissolution or discharge
thereof in the files of his office following the expiration of
twenty years after the latest original entry therein or thereon,
unless otherwise specifically provided by law, and he may
destroy all original instruments left for record and not called
for within five years after the recording thereof.

Section 3. Every register of deeds shall, not later than Registers of
January first, nineteen hundred and fifty, commence the begin miCTo-
making of microphotographic process copies of all books in ^f^°emfjf^'°^
his registry in which deeds, certificates of title and other records before
instruments have been recorded or entered prior to the 1950.'^'^^ '
effective date of this act. Approved June 7, 1949.

An"^ Act authorizing the town of wakefield to
release to the first parish in wakefield a certain
parcel of land on church street, wakefield.

Be it enacted, etc., as folloivs:

The town of Wakefield is hereby authorized to release to
The First Parish in Wakefield, free from all encumbrances,
restrictions, conditions, and public rights and uses, the whole
or any portion of a certain parcel of land in said Wakefield
bounded and described as follows : —

Southerly by Church street by two lines measuring, re-
spectively, one hundred and ninety-one and seventy-one one-
hundredths feet, and thirteen and forty-nine one-hundredths
feet;

Southeasterly by the intersection of Church street and Lake
avenue, twenty-four and five one-hundredths feet ;

Chap.S96

336 Acts, 1949. — Chaps. 397, 398.

Easterly by Lake avenue, three hundred and thirty-two
and seventy-one one-hundredths feet;

Northerly by Spaulding street, ninety and ninety-seven
one-hundredths feet;

Westerly by land now or formerly of Riley, one hundred
and sixty-nine and three one-hundredths feet;

Northerly by said Riley land, eighty-eight and thirteen
one-hundredths feet;

Westerly by land of town of Wakefield by two lines measur-
ing, respectively, one hundred and forty-nine and seventeen
one-hundredths feet, and sixty-seven and eleven one-hun-
dredths feet;

Said parcel is shown on a plan marked Plan of Land First
Congregational Church Wakefield, Massachusetts, dated
December 10, 1948, by C. O. Baird, Registered Engineer.

Approved June 7, 1949.

C/?ar). 397 ^^ ■^^'^ regulating the employment of temporary

LABORERS, CHAUFFEURS AND WORKMEN BY THE STATE
DEPARTMENT OF PUBLIC WORKS.

Be it enacted, etc., as follows:

(',. L. (Ter. Section 4 of chapter 31 of the General Laws, as amended,

etc. 'amended, is hereby'' further amended by striking out the paragraph
added by section 1 of chapter 627 of the acts of 1941 and in-
serting in place thereof the following : —
Trapioyees "^^^ IshoT service of the state department of public works

to be except: (1) Laborers and chauffeurs employed between

excepte . November fifteenth and April fifteenth to be used in connec-

tion with the removal of snow and the sanding of slippery
surfaces with the incidental work thereto on the highways of
the commonwealth, such employment in each case not to
exceed a total of ninety days within that period, and such
employees shall not be used to do work performed by regular
employees when available and able to perform the work satis-
factorily; (2) Such temporary employees as required during
and following a disaster or period of extreme danger when
and as authorized by the governor, but not to exceed ninety
days. Preference shall be given to veterans in making ap-
pointments and employing persons under the provisions of
clauses (1) and (2) of this paragraph.

Approved June 7, 1949.

Chap.S9S An Act relative to the military rights of persons
IN the militia, the land i forces and the naval

FORCES of the COMMONWEALTH.

Be it enacted, etc., as follows:

Ed^'AI^new Section 1. Chapter 33 of the General Laws is hereby

§ ia', added, amended by inserting after section 1 the following section: —

rightTif Section lA. No person shall be denied the enjoyment of any

peraons in military right, or be discriminated against in the exercise of

Acts, 1949. — Chaps. 399, 400, 401. 337

any military right, or be segregated in such militia, land forces mUitary
or naval forces, because of race, color or national origin. commo°n wealth.

Section 2. This act shall take effect on March first, nine- Effeetive date.
teen hundred and fifty. Approved June 7, 1949.

Chap.S99

An Act authorizing the town of marblehead to
charge for admission to seaside park during the

celebration OF THE THREE HUNDREDTH ANNIVERSARY
OF THE TOWN IN THE CURRENT YEAR,

Be it enacted, etc., as follows:

Section 1. The town of Marblehead, acting by its select-
men or its anniversary committee, is hereby authorized to
charge a fee for admission to Seaside park in said to^vn during
the celebration of the three hundredth anniversary of the
town in August of the current year.

Section 2. This act shall take effect upon its passage.

Approved June 7, 1949.

An Act authorizing the retiring authority of the Chap. 400

city of NEWTON TO INCREASE THE PENSION OF EDWARD
A. MOAN OF SAID NEWTON.

Be it enacted, etc., as follows:

Section 1. The retiring authority of the city of Newton
may increase the pension of Edward A, IMoan of said city,
now retired under the authority of section fifty-eight of chap-
ter thirty-two of the General Laws, by an amount not to
exceed one half of the highest rate of bonus paid to him in
any one year by said city prior to his retirement.

Section 2. This act shall take effect upon its passage.

Approved June 7, 1949.

An Act exempting certain disabled veterans from Qhnnj 401
the payment of the excise on motor vehicles
owned, operated and registered by them.

Whereas, The deferred operation of this act would tend to Emergency
defeat its purpose, which is, in part, to exempt certain dis- preamble.
abled veterans from the payment in the current year of the
excise on motor vehicles owned by them, therefore it is hereby
declared to be an emergency law, necessary for the immediate
preservation of the public convenience.

Be it enacted, etc., as follows:

Section 1 of chapter 60A of the General Laws, as most re- q l. (Ter.
cently amended by chapter 342 of the acts of the current ^'^^■-'' ^^^j^Ji-
year, is hereby further amended by inserting after the fourth
paragraph the following paragraph : —

The excise imposed by this section shall not apply to a certain
motor vehicle owned, operated and registered by a veteran ^^^gr^M
of World War II who has incurred the loss, or loss of use, of exempted

338 Acts, 1949. — Chap. 402.

from excise one or both legs, and who shall have previously registered a

tax on
certain

motor vehicle awarded to him under an act of the Seventy-
motor vehicles. QJnth Congrcss by reason of such disability.

Approved June 7, 19J^9.

Chaj)A02 ^^ ^^^ REVISING THE CHARTER OF THE CITY OF NORTH

ADAMS.

Be it enacted, etc., as follows:

Section 1. Chapter 148 of the acts of 1895 is hereby
amended by striking out section 9, as amended by section 4
of chapter 327 of the acts of 1947, and inserting in place
thereof the following : — Section 9. The city council shall
consist of nine councilmen who shall be elected at large by the
voters of the city, as follows : —

At the biennial municipal election in the year nineteen
hundred and fifty-one and at each biennial municipal election
thereafter, there shall be elected nine members for a term of
two years.

The term of all twenty-one councilmen elected in the year
nineteen hundred and forty-nine shall expire on the first
Monday of January in the year nineteen hundred and fifty-
two.

At the biennial municipal election in the year nineteen
hundred and fifty-one and at each biennial municipal election
thereafter no voter shall vote for more than seven of the nine
councilmen to be elected thereat for a term of two years and
the number having the highest number of votes shall be de-
clared elected.

On the second Tuesday prior to every biennial municipal
election the city clerk shall determine by lot the order in
wliich the names of the candidates for election to the city
council shall appear on the ballot. The candidates shall be
notified of such drawing and shall be allowed to be present
thereat in person or by their representatives.

The city council shall annually, at the first meeting in
January, elect by ballot one of their members president of the
council.

Section 2. Section 13 of said chapter 148 is hereby
amended by striking out the last sentence and inserting in
place thereof the following : — The members of the city
council shall receive the sum of ten dollars for each meeting
of the council attended but the total amount for all meetings
attended shall not be in any year in excess of ten per cent of
the salary of the mayor.

Section 3. Section 29 of said chapter 148, as amended by
section 11 of chapter 103 of the acts of 1918, is hereby further
amended by striking out the first paragraph and inserting in
place thereof the following : — The mayor shall have the sole
power of appointment to all the municipal offices established
by or under this act, including officers and members of the
fire and police departments, unless herein otherwise provided;

Acts, 1949. — Chaps. 403, 404. 339

he may, except as herein otherwise provided, remove from
office, lower in rank, transfer, or suspend by written order
any officer or member so appointed hereunder, for just cause
and he shall in such order specifically assign the reasons
therefor. Such order of removal, lowering, transfer, or sus-
pension shall take effect upon the ffiing of the same with the
city clerk, and the service of a copy thereof upon such officer
or member so removed, lowered, transferred, or suspended,
either personally or by leaving the same at his last and usual
place of residence.

Section 4. This act shall be submitted for acceptance to
the registered voters of the city of North Adams at the next
regular municipal election in the form of the following ques-
tion, which shall be placed upon the official ballot to be used
at said election: — "Shall an act passed by the general court
in the year nineteen hundred and forty-nine, entitled 'An Act
revising the charter of the city of North Adams', which pro-
vides for a reduction of the number of members of the city
council, establishes payment for the services of the members
of the city council and the abolishment of the approval of the
city council for the removal, lowering in rank, transfer or sus-
pension by the mayor of administrative municipal officers
appointed by the mayor, be accepted?" If a majority of the
voters voting thereon vote in the affirmative in answer to
said question, this act shall thereupon take full effect for the
nomination and election of municipal officers in the year
nineteen hundred and fifty-one, and for all other purposes it
shall take full effect upon the organization of the city gov-
ernment on the first Monday of January, nineteen hundred
and fifty-two. Approved June 7, 1949.

ChapAOS

An Act relating to appropriations voted by cities

AND towns from LOANS OR BALANCES OF LOANS.

Be it enacted, etc., as follows:

Section 20 of chapter 44 of the General Laws, as most ^\^- ^'^'^^
recently amended by chapter 60 of the acts of 1947, is etc!. 'amended.
hereby further amended by adding at the end the following
sentence : — Notwithstanding the provisions of this section, certain
no appropriation from a loan or balance thereof shall be fj^ted"^^'""'*
made which would increase the amount available from bor-
rowed money for any purpose to an amount in excess of any
limit imposed by general law or special act for such purpose.

Approved June 7, 1949.

ChapAO^

An Act further regulating fees to be charged by
city and town clerks.

Be it enacted, etc., as follows:

Section 1. Section 34 of chapter 262 of the General g. l. (Ter.
Laws, as most recently amended by section 1 of chapter ftcii'a^mended.'
297 of the a(^ts of the current year, is hereby further amended
by striking out clauses (47) and (48), as appearing in sec-

340

Acts, 1949. — Chap. 404.

i'ee for

recording

personal

property

mortgages,

etc.

Assignment,

discharge,

etc., of

personal

property

mortgage.

G. L. (Ter.
Ed.), 262, § 34,
etc., amended.

Fees for
recording
certain other
papers.

G. L. (Ter.
Ed.), 262, § 34,
etc., further
amended.

G. L. (Ter.
Ed.), 255, § 3,
etc., amended.

City and
town clerks
to keep certain
records in
Ijooks.

tion 1 of chapter 550 of the acts of 1948, and inserting in
place thereof the following: —

(47) For recording a mortgage of personal property, bill
of sale given for security, or any deed or conveyance, how-
ever called, by which personal property is conveyed to a
creditor or title thereto retained by a seller as security for
the payment of a debt or other obligation, one dollar for
each page or major fraction thereof, but not less than three
dollars.

(48) For recording an assignment, partial release, dis-
charge of a mortgage of personal property, acknowledgment
of payment of bill of sale given for security or given for
security with condition of redemption, one dollar.

Section 2. Said section 34 of said chapter 262 is hereby
further amended by striking out clause (79), as so appear-
ing, and inserting in place thereof the following: —

(79) For recording any paper not specifically named
herein, the fee shall, unless otherwise provided, be one
dollar per page. If a paper contains the names of more than
two parties, an additional fee of twenty-five cents each shall
be charged for indexing the names of additional parties.

Section 3. Said section 34 of said chapter 262 is hereby
further amended by striking out clauses (17), (18) and
(19), as so appearing.

Section 4. Chapter 255 of the General Laws is hereby
amended by striking out section 3, as most recently amended
by section 45 of chapter 550 of the acts of 1948, and inserting
in place thereof the following: — Section 3. City and town
clerks shall, upon payment of their fees as provided by sec-
tion thirty-four of chapter two hundred and sixty-two,
record in books kept for that purpose, mortgages of personal
property, bills of sale given for security, written statements
by mortgagees of oral conditions for redemption and all
other instruments described in sections one and seven A;
also assignments, partial releases, discharges, acknowledg-
ments of payment and notices of foreclosure of such instru-
ments, notices of intention to sell property pledged for pay-
ment of money with affidavit of service, assignments of
future earnings, and powers of attorney; and attest the
signature of mortgagee on a discharge of mortgage of per-
sonal propert}'^ entered on the margin of the record of such
mortgage. The clerk may, upon payment of the fees pro-
vided for recording like instruments herein referred to,
accept a copy of a printed form of personal property mort-
gage or other instrument submitted for record, such copy
to be completed and attested by him as a true copy, and
securely attached to a page or pages of the personal prop-
erty mortgage record book, in which case such copy so
attached and attested shall become the record.

Approved June 7, 191^9.

Acts, 1949. — Chaps. 405, 406. 341

An Act authorizing the city of peabody to pay an CfiapA05

ANNUITY TO THE WIDOW OF WILLIAM H. KERWIN, A FORMER
MEMBER OF THE FIRE DEPARTMENT OF SAID CITY.

Be it enacted, etc., as follows:

Section 1. The city of Peabody is hereby authorized to
pay to Josephine A, Kerwin, widow of William H. Kerwin,
who died on January ninth, nineteen hundred and sixteen
from injuries received in the performance of duty as a mem-
ber of the fire department of said city, an annuity, for life,
of the sum of twelve hundred dollars, the same to be paid in
equal monthly instalments.

Section 2. This act shall take effect upon its acceptance
by vote of the city council of said city, subject to the provi-
sions of its charter, but not otherwise.

Approved June 7, 1949.

Chap. 406

An Act making certain changes in the law relative

TO the salaries of certain EMPLOYEES OF THE COM-
MONWEALTH AND TO CORRECT INEQUALITIES RESULTING
FROM APPLICATION OF THE GENERAL SALARY SCHEDULE
TO SUCH EMPLOYEES.

Whereas, The deferred operation of this act would tend ^^^l^f^iT^
to defeat its purpose, which in part is to immediately correct
certain inequalities resulting from the application of the
genera] salary schedule to certain employees of the common-
wealth, therefore it is hereby declared to be an emergency
law, necessary for the immediate preservation of the public
convenience.

Be it enacted, etc., as follows:

Section 1. Section 46 of chapter 30 of the General Sj^-iJ®!"..
Laws, as most recently amended by section 2 of chapter 311 etc., 'amended!
of the acts of 1948, is hereby further amended by adding at
the end of paragraph (6) the following : —

Employees reinstated or re-employed shall be credited Salaries of
with the period of their previous service in the same salary employees,
grade if reinstated or re-employed within three years but at
a rate not less than that which the employee received upon
his separation from the pay roll. Employees reinstated or
re-employed after separation from the pay roll for three
years or more may be credited with the period of their pre-
vious sersnce in the same salarj'' grade in accordance with
the pertinent rules of the division of personnel and stand-
ardization.

Section 2. Said section 46 of said chapter 30, as so g. l. (Tct.
amended, is hereby further amended by striking out para- ^c!!'furthir*^'
graph (8) and insoi-ting in place thereof the following: — amended.

(8) An employee who is demoted to a position in a lower salary of
salary grade shall receive the salary to which his period of dTmo°ted^o a
service would entitle hun if his service had been rendered lower salary

grade.

342

Acts, 1949, — Chap. 406.

1948, 311, § 4,
amendod.

Initial
allocations,
how
determined.

Allocation to
a grade less
than number
of years of
service.

in the lower grade, but not less than the employee would
have been entitled to had his service been continuously in
the lower grade.

Section 3. Section 4 of chapter 311 of the acts of 1948
is hereby amended by striking out in lines 9 to 11, inclusive,
the words "a promotion received on or after July first, nine-
teen hundred and forty-seven, and on or before June thirti-
eth, nineteen hundred and forty-eight" and inserting in
place thereof the words: — the promotion to his present
grade, — so as to rea,d as follows: — Section 4- In the
initial allocation of positions to the salary grades in the
salary schedule, each incumbent shall be given the rate to
which he would be entitled if the number of years served
by him in the grade in which he is serving immediately prior
to such allocation had been served after such allocation, and
such allocation shall effect an increase of not less than one
increment for such grade; provided, however, that if the
rate so determined would be less, because of the promotion
to his present grade, than the rate to which the incumbent
would have been entitled without such promotion, his rate
shall be that which he would have received if his promotion
had been deferred until July first, nineteen hundred and
forty-eight. Such increase shall be in addition to any in-
crease to which the incumbent would be entitled by step-rate,
promotion, or otherwise, on the effective date of the increase
provided by this section. Increases which may have been
granted during the current calendar year by the division of
personnel and standardization, retroactive to January first,
nineteen hundred and forty-eight, shall be considered granted
as authorized by this act. No increase granted in the initial
allocation to the salaiy schedule as provided by this section
because of credit for years of service or otherwise shall
exceed six hundred dollars.

Section 4. Any employee subject to the provisions of
ch'ipter three hundred and eleven of the acts of nineteen
hundred and forty-eight who, because of the limitation con-
tained in the last sentence of section four of said chapter,
was allocated to a grade at a rate which represents less than
the number of years of service actually served in his grade
shall, if allocated to grades one through fourteen in the
general salary schedule, receive semi-annual increases of
sixty dollars to the last three rates in the schedule and there-
after annual increases of one hundred and twenty dollars
until the proper rate based on years actually served in the
grade is reached or, if allocated to a grade in the labor serv-
ice salary schedule, receive semi-annual increases of sixty
doll.^rs to the last three rates in that schedule and thereafter
annual increases of sixty dollars until the proper rate based
on years actually served in the grade is reached.

Any employee subject to the provisions of chapter three
hundred and eleven of the acts of nineteen hundred and
forty-eight who, because of the limitation contained in the
last sentence of section four of said chapter, was allocated

Acts, 1949. — Chap. 407. 343

to a grade at a rate which represents less than the number of
years actually served in his grade shall, if allocated to grades
fifteen through seventy-four in the general salary schedule,
receive annually one increment until the proper rate based
on years actually served in the grade is reached.

Section 5. The provisions of this act shall apply to all ^^[^n^^'^PP''"
initial allocations to the salary schedule as of July first, visions 'of^'^'*"
nineteen hundred and forty-eight, and funds appropriated ^'^'^*'°"-
for the purpose of salary adjustments by section ten of apprcf)Hat*ed
chapter six hundred and sixty-nine of the acts of nineteen
hundred and forty-eight and section one of chapter four of
the acts of nineteen hundred and forty-nine shall be avail-
able in the amount of two hundred thousand dollars during
the current fiscal year and the fiscal year ending June thirti-
eth, nineteen hundred and fifty for such adjustments as may
be made in accordance with the provisions of this act.

Section 6. The governor, upon recommendation of the Governor
coinmission on administration and finance, is hereby author- ^ansfer'^funds
ized to transfer from the said funds to ite?ns of appropriation to meet
for the current fiscal year and the fiscal year ending June idfuTtments.
thirtieth, nineteen hundred and fifty, which are available in
whole or in part for personal services, such amounts as are
necessary to meet said salary adjustments, to be in addition
to amounts appropriated to said items of appropriation, and
the governor, upon like recommendation, is hereby further
authorized to allocate such transfers to the several state or
other funds to which such items of appropriations are
charged. Approved June 9, 1949.

An Act relative to the retirement of certain school Qfidjj 407

JANITORS OR SCHOOL CUSTODIANS.

Be it enacted, etc., as follows:

Section 1. Chapter 32 of the General Laws is hereby g. l. (Ter.
amended by inserting after section 45A, inserted by sec- f 45B^added
tion 1 of chapter 708 of the acts of 1945, the following sec-
tion : — Section 45B. In any city or town which has ac- Retirement
cepted sections forty-four and forty-five A in the manner ?an^tOTs°or
set forth in section forty-five and which accepts this section, custodians in
a school janitor or school custodian who was in the employ and^towns'^''
of the school department of such city or town prior to July
first, nineteen hundred and thirty-seven, and on or after said
date has been, or hereafter shall be, promoted to a super-
visory position in the janitorial or custodial service of such
school department, shall not by reason of the acceptance of
such promotion forfeit his right, if any, to a non-contribu-
tory pension under the provisions of said sections forty-four
and forty-five A.

Section 2. Any school janitor or school custodian re- withdrawal
ferred to in section forty-five B of chapter thirty-two of the ^rom system
General Laws, inserted by section one of this act, who is a ^" °"^^ '
member of the contributory retirement system of the city

344 Acts, 1949. — Chaps. 408, 409, 410.

or town by which^he is employed, may withdraw from mem-
bership in such system, whereupon all deductions withheld
from his wages on account of such membership shall be
repaid to him by the retirement board of such city or town.

Approved June 9, 1949.

ChapAOS An Act to authorize the town of westport to borrow

MONEY FOR THE PURPOSE OF CONSTRUCTING, EQUIPPING
AND FURNISHING A HIGH SCHOOL.

Be it enacted, etc., as follows:

Section 1. For the purpose of constructing a high
school, and originally equipping and furnishing said build-
ing, the town of Westport may borrow, from time to time,
within a period of five years from the passage of this act,
such sums as may be necessary, not exceeding in the aggre-
gate four hundred thousand dollars, and may issue bonds
or notes therefor which shall bear on their face the words,
Westport School Building Loan, Act of 1949. Each au-
thorized issue shall constitute a separate loan, and such
loans shall be paid in not more than twenty years from
their dates. Indebtedness incurred under this act shall be
in excess of the statutory limit, but shall, except as provided
herein, be subject to chapter forty-four of the General Laws,
exclusive of the limitation contained in the first paragraph
of section seven thereof.

Section 2. This act shall take effect upon its passage.

Approved June 9, 1949.

Chap. 409 An Act temporarily reviving north-union realty
company for a certain purpose.

Emergency Whereas, The deferred operation of this act would delay

pream e. ^^^ discharging of a certain mortgage by the corporation
revived thereby and it is essential that such discharge be
effected as soon as possible, therefore it is hereby declared
to be an emergency law, necessary for the immediate preser-
vation of the public convenience.

Be it enacted, etc., as follows:

North-Union Realty Company, a corporation dissolved
by chapter one hundred and forty-eight of the acts of nine-
teen hundred and thirty-eight, is hereby revived and con-
tinued for the sole purpose of discharging a mortgage that
it holds on a parcel of real estate owned by the Spa Realty
Company. Approved June 9, 1949.

Chap.4ilO An Act to validate and ratify the calling of the
annual meeting of the williamstown fire district

AND the proceedings AT SAID MEETING.

Be it enacted, etc., as follows:

Section L Notwithstanding the provisions of section
sixty-six of chapter forty-eight of the General Laws, the

Acts, 1949. — Chaps. 411, 412. 345

posting of a written notice in three public places in the
Williamstown fire district calling the annual meeting of
said district on February twenty-third, nineteen hundred
and forty-nine, shall be deemed legal notice to the inhabit-
ants of said district of the calling of said meeting, and all
acts and proceedings of the district at said meeting, and of
its officers done in pursuance thereof, if otherwise valid,
are hereby confirmed and made valid to the same extent as
if the said meeting had been notified, held and ^conducted
in strict compliance with law.

Section 2. This act shall take effect upon its passage.

Approved June 9, 1949.

An Act authorizing the town of southwick to borrow Chap All

MONEY FOR SCHOOL PURPOSES.

Be it enacted, etc., as follows:

Section 1. For the purpose of constructing and origi-
nally equipping and furnishing an addition to the consoli-
dated school, the town of Southwick may borrow from time
to time, over a period of five years from the passage of this
act, such sums as may be necessary, not exceeding in the
aggregate eighty thousand dollars, and may issue bonds or
notes therefor which shall bear on their face the words
Southwick School Addition Loan, Act of 1949. Each au-
thorized issue shall constitute a separate loan and such
loans shall be paid in not more than twenty years from
their dates. Indebtedness incurred under this act shall be
in excess of the statutory limit, but shall, except as herein
provided, be subject to chapter fortj'^-four of the General
Laws, exclusive of;, the limitation contained^ jn f the j[first
paragraph of section seven thereof.

Section 2. This act shall take effect upon its passage.

Approved June 9, 1949.

An Act relative to the boundaries of the west barn- ChapA12
stable fire district.

Be it enacted, etc., as follows:

Section L Section 1 of chapter 107 of the acts of the
current year is hereby amended by inserting after the word
"thereof", in line 5, the words: — , excluding that portion
of said precinct two now lying within the boundaries of the
Barnstable Fire District, — so as to read as follows: —
Section 1 . The inhabitants of the town of Barnstable liable
to taxation in said town and residing within the territory
known as precinct two, as described in the records of the
town clerk of said town, and as shown by a map now on file
in the office of the selectmen thereof, excluding that portion
of said precinct two now lying within the^boundaries of the
Barnstable Fire District, shall constitute a fire district, and
are hereby made a body corporate by the name of West

346 Acts, 1949. — Chaps. 413, 414.

Barnstable Fire District; and said corporation, except as

herein otherwise provided, shall have all the powers and be

• subject to all the duties and habilities set forth in all general

laws now or hereafter in force relating to fire districts.

Section 2. This act shall take effect upon its passage.

Approved June 9, 1949.

ChapAlS An Act to authoeize the placing of the positions of

THE REGULAR OR PERMANENT MEMBERS OF THE POLICE
FORCE AND THE OFFICE OF THE CHIEF OF POLICE OF THE
TOWN OF WHITMAN UNDER THE CIVIL SERVICE LAWS.

Be it enacted, etc., as follows:

Section 1. The positions of the regular or permanent
members of the pohce force and the office of chief of police
of the town of Whitman shall, upon the effective date of this
act, become subject to the civil service laws and i-ules relat-
ing to police officers in towns, and the tenure of office of any
incumbent thereof shall be unlimited, subject, however, to
said laws, but the persons holding said positions and office
at the time of the passage of this act shall continue to serve
therein provided they pass qualifying examinations to which
they shall be subjected by the division of civil service.

Section 2. This act shall be submitted to the voters of
said town at the next annual town meeting in the form of the
following question, which shall be placed upon the official
ballot to be used for the election of town officers at said
meeting: — "Shall an act passed by the general court in
the year nineteen hundred and forty-nine entitled 'An Act
to authorize the placing of the positions of the regular or
permanent members of the police force and the office of the
chief of police of the town of Whitman under the civil serv-
ice laws', be accepted?" If a majority of the votes in answer
to said question is in the affirmative, then this act shall
thereupon take full effect, but not otherwise.

Approved June 9, 1949.

Chap. 414: A-N Act to establish the gilbertville water district

IN THE TOWN OF HARDWICK.

Be it enacted, etc., as follows:

Section 1. The inhabitants of the town of Hardwick
liable to taxation in said town and residing within the ter-
ritory comprised within the following boundary lines, to wit :
— Beginning at the northeasterly corner of the tract of land
on which is located the Goodfield Mountain supply, so called,
in the town of New Braintree; thence northwesterly to the
northeast corner of land now or formerly of Kardes on Joslyn
road; thence northeasterly along the westerly boundary of
land of Goodfield to a stone bound at the northwest corner of
said Goodfield's land ; thence easterly along said Goodfield's
northerly line to the southeasterly corner of land on which

Acts, 1949. — Chap. 414. 347

is located the New Braintree Domestic Supply, so called;
thence northeasterly to the terminus of the existing water
pipe on upper Church street; thence northwesterly to the
stone wall on the westerly line of the Hardwick road, said
wall being parallel to and about twenty feet easterly of
Bujnevicie's barn; thence northwesterly along said stone
wall to land now or formerly of Manley at the top of Dougal
Mountain; thence following the easterly line of the Manley
land to the northeasterly corner of the Beaman land, so called ;
thence southeasterly to the southeast corner of the covered
bridge over the Ware river; thence southerly along the east
bank of the Ware river to a stone bound at a point about four
hundred feet northeasterly of lowest downstream dam on the
Ware river; thence southeasterly to the southwest corner of
land now or formerly of Frank Mitus; thence easterly along
the southerly line of land of said Mitus to said IMitus's south-
east corner; thence northeasterly to the southeast corner of
land on which is located the said Goodfield Mountain Supply;
thence along the easterly line of said Goodfield Mountain
Supply lot to the northeast corner of said lot and the point of
beginning — shall constitute a water district and are hereby
made a body corporate by the name of the Gilbertville Water
District, hereinafter called the district, for the purpose of
supplying themselves with water for domestic and other pur-
poses, with power to regulate the use of such water and to fix
and collect rates to be paid therefor, and for the purposes of
assessing and raising taxes as provided herein for the pay-
ment of such services, and for defraying the necessary ex-
penses of carrying on the business of said district, subject to
all general laws now or hereafter in force relating to such dis-
tricts, except as otherwise provided herein. The district shall
have power to prosecute and defend all actions relating to its
property and affairs.

Section 2. For the purposes aforesaid, the district,
acting by and through its board of water commissioners
hereinafter provided for, may contract with any municipality,
acting through its water department, or with any water com-
pany, or with any water district, for whatever water may be
required, authority to furnish the same being hereby granted,
and may take by eminent domain under chapter seventy-
nine or chapter eighty A of the General Laws, or acquire by
lease, purchase or otherwise, and hold, the waters, or any
portion thereof, of any pond, spring or stream, or of any
ground sources of supply by means of driven, artesian or
other wells, within the town of Hardwick not already ap-
propriated for the purposes of a public water supply, and the
water and flowage rights connected with any such water
sources, and for said purposes may take as aforesaid, or ac-
quire by purchase or otherwise, and hold, all lands, rights of
way and other easements necessary for collecting, storing,
holding, purifying and preserving the purity of the water and
for conveying the same to any part of said district and may
acquire the properties of the Gilbertville Water Company as

Acts, 1949. — Chap. 414.

provided and limited by section fifteen; provided, that no
source of water supply or lands necessary for preserving the
quality of the water shall be so taken or used without first
obtaining the advice and approval of the department of
public health, and that the location and arrangement of all
dams, reservoirs, springs, wells, pumping, purification and
filtration plants and such other works as may be necessary
in carrying out the provisions of this act shall be subject to
the approval of said department. The district may construct
and maintain on the lands acquired and held under this act
proper dams, wells, springs, reservoirs, standpipes, tanks,
pumping plants, buildings, fixtures and other structures in-
cluding also the establishment and maintenance of filter beds
and purification works or systems, and may make excavations,
procure and operate machinery and provide such other
means and appliances, and do such other things as may be
necessary for the establishment and maintenance of complete
an(i effective water works; and for that purpose may con-
struct pipe lines, wells and reservoirs and establish pumping
works, and may construct, lay, acquire and maintain aque-
ducts, conduits, pipes and other works under or over any
land, water courses, railroads, railways and public or other
ways, and along such ways, in said town, in such manner as
not unnecessarily to obstruct the same; and for the purposes
of constructing, laying, maintaining, operating and repairing
such aqueducts, conduits, pipes and other works, and for all
proper purposes of this act, the district may dig up or raise
and embank any such lands, highways or other ways in such
manner as to cause the least hindrance to public travel on
sucli ways; provided, that the manner in w